Tag Archives: EEOC

Federal Judge Dismisses EEOC Cased 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

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Posted in ADA, EEOC, Reasonable Accommodation | Tagged , , , , | Leave a comment

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

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Posted in ADA, EEOC, FMLA, Handbook Policies, Leave Laws, Reasonable Accommodation, Sick Leave | Tagged , , , , , | Leave a comment

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

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Posted in EEOC, Reasonable Accommodation, Reasonable Accomodation, Religious Discrimination, Supreme Court, Title VII | Tagged , , , | Leave a comment

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

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Employers Beware: Your No-Fault, Points-Based Attendance Policies May Violate the Law

Under “no-fault” attendance policies, employees accumulate a set number of “points” per absence — regardless of the reason for the absence. After an employee accumulates a pre-designated number of points, the employee is usually subjected to increasing levels of discipline ending with termination. Understandably, these policies are often used by companies that cannot expend time or resources to determine the reason(s) for each absence. While the policies may seem fair and make sense from a business standpoint, they also create … Continue reading

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