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Category Archives: EEOC
Federal Judge Dismisses EEOC Case Based on Lack of Details in Complaint
Recently, a federal judge in the District of Columbia dismissed an Equal Employment Opportunity Commission (“EEOC”) lawsuit against Walmart on procedural grounds relating to the level of detail required in a complaint. This case serves as a reminder of the the necessary elements for a reasonable accommodation claim. In this case, two employees with hearing limitations alleged that the managers at the Walmart store where they worked failed to accommodate their disability. The two employees had sought sign language interpretation … Continue reading
Posted in ADA, EEOC, Reasonable Accommodation
Tagged ADA, EEOC, Motion to Dismiss, Pleading, Reasonable Accommodation
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The EEOC Explains How Blanket Attendance and Leave Policies can Disadvantage Workers with Disabilities
In July 2018, the Equal Employment Opportunity Commission (EEOC) announced a consent decree involving claims of disability discrimination against a metal products manufacturer. According to the EEOC, this manufacturer violated the law when it: 1) awarded attendance points to employees regardless of the reason for absence, and 2) automatically terminated employees who did not return to work after taking extended leave. Regarding #1, the EEOC explained that this blind points system meant that employees taking leave for ADA or FMLA … Continue reading
Posted in ADA, EEOC, FMLA, Handbook Policies, Leave Laws, Reasonable Accommodation, Sick Leave
Tagged ADA, Attendance, EEOC, FMLA, Handbook policies, Leave Policies
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SUPREME COURT SIDES WITH THE EEOC AGAINST ABERCROMBIE & FITCH IN HIRING PRACTICE CASE ADDRESSING RELIGIOUS DISCRIMINATION
The Supreme Court issued a controversial decision which should prompt Employers to review their hiring practices and criteria. In the recent EEOC v. Abercrombie & Fitch case, the Supreme Court ruled that Abercrombie & Fitch discriminated against Samantha Elauf (“Elauf”) based on her religious practice of wearing a headscarf. Elauf, a Muslim, wore her headscarf to her Abercrombie & Fitch job interview. During the interview, neither Elauf nor Abercrombie & Fitch representatives discussed her religion or her headscarf. However, after … Continue reading
SOCIAL ANXIETY DISORDER AND ADA DISABILITY
The United States Court of Appeals for the Fourth Circuit ruled on March 12, 2015 that social anxiety disorder may be a recognized disability under the Americans with Disability Act (ADA). The case is titled: Jacobs v. N.C. Administrative Office of the Courts. Previously, the ADA definition of disability had been construed more narrowly by the courts. However, where the alleged unlawful acts occurred after January 1, 2009, the Americans with Disabilities Act Amendments Act of 2008 (“ADAAA”) applies. Under … Continue reading