EEOC Focuses on Genetic Discrimination Cases

By | June 19th, 2013 | General » Leave a comment

The U.S. Equal Employment Opportunity Commission (EEOC) has recently been focusing on employers’ compliance with the Genetic Information Nondiscrimination Act of 2008 (GINA) which prohibits the use of genetic information in health insurance to deny health coverage or charge higher premiums and in employment hiring, firing, and other decisions. In May 2013, EEOC successfully settled […]

Employees of Oklahoma Public Entities Barred from Suing for Disability Discrimination

By | October 18th, 2012 | General » Leave a comment

Judy Elwell was fired from the University of Oklahoma, where she had been an office worker. Prior to her termination, she had begun suffering from degenerative spinal disc condition. She claims that she sought but was denied an accommodation from her employer and was thereafter fired for her disability. Ms. Elwell sued OU in federal […]

Indefinite and/or Extensive Leaves of Absence not Required by the ADA

By | September 4th, 2012 | General » Leave a comment

In a recent case, Robert v. Board of County Commissioners of Brown County, Kansas, the Tenth Circuit Court of Appeals addressed the issue of what an employer can and cannot do when an employee’s FMLA leave has expired but the employee is medically unable to return to work. In this case, Ms. Robert was an […]

The Americans with Disabilities Act and Employees with HIV/AIDS

By | July 18th, 2012 | General » Leave a comment

At the end of June, the United States Department of Justice issued an informational paper addressing the interplay between the Americans with Disabilities Act and Persons with HIV/AIDS and answering commonly asked questions. The informational piece first looks at the ADA’s definition of a disability and concludes that individuals with HIV, whether symptomatic or asymptomatic, […]

EEOC Loses Claim Brought on Behalf of Fired Deaf Employee

By | July 12th, 2012 | General » Leave a comment

The EEOC lost a claim brought against the The Picture People, who fired an employee who is profoundly deaf because she could not orally communicate with customers. Ms. Chrysler was hired by The Picture People during the holiday season to be a “performer” — an individual who does customer intake, sales, portrait photography, and lab […]

Accommodations not Necessary to Create More or Better Opportunities, Just Same Opportunites as Non-Disabled

By | July 6th, 2012 | General » Leave a comment

In a recent case that arose in the context of equal housing opportunities, the Tenth Circuit Court of Appeals looked at how the statutory purpose behind providing reasonable accommodations limits how far an entity must go in providing such accommodations. The purpose of the reasonable accommodation requirement under the Fair Housing Act is to provide […]

Transfer to Lower Paid Position Considered Reasonable Accommodation Where Employee Unable to Meet Physical Requirements of Former Position

By | June 21st, 2010 | General » Leave a comment

Earlier this month, the Tenth Circuit Court of Appeals determined that an employee who had performed his job for two years without incident could be reassigned to a lower-paid position when he failed to pass an annual fitness examination. In the case, Wilkerson v. Shinseki, Mr. Wilkerson had worked as a boiler plant operator for […]

Reassignment Under the ADA – Tenth Circuit Clarifies When it is NOT Required

By | June 21st, 2010 | General » Leave a comment

In a recent decision by the Tenth Circuit Court of Appeals, the Court examined the requirement under the Americans with Disabilities Act to reassign a disabled worker. Employers will recall that it has been the law in this circuit for more than 10 years that an employer is required to reassign a disabled employee to […]

EEOC Announces Record High Job Bias Claims Based on Disability, Religion, and National Origin

By | January 8th, 2010 | General » Leave a comment

During the 2009 fiscal year, the U.S. Equal Employment Opportunity Commission received 93,277 workplace discrimination charges, the second highest ever. The greatest increase in claims were those based on disability, although claims of job bias based on religion and/or national original also hit record highs. Consistent with a decade-long trend, the most frequently filed charges […]

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