Publications: Publications


Does An Employer Have to Give Light-Duty Jobs To A Disabled Worker As A Reasonable Accommodation?

On June 27, 2014 a Federal District Court Judge, Catherine C. Eagles, in Greensboro North Carolina, granted summary judgment for the employer in the case of EEOC v Womble Carlyle Sandridge & Rice, LLP…


Sixth Circuit Issues Decision That Telecommuting May Be A “Reasonable Accommodation”

In a controversial decision from the Sixth Circuit Court of Appeals in EEOC v Ford Motor Co. (No. 12-2484)(6th Cir. Mich.), the Court ruled that telecommuting may constitute a reasonable accommodation under the Americans…


EEOC and FTC Issue Joint Publication On Background Checks

On March 10, 2014, the Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) co-produced a joint publication on background checks, in accordance with their joint responsibilities, to enforce the notice and…


EEOC Issues New Guidance For Religious Dress In The Workplace

On March 6, 2014, the EEOC released additional guidance on religious dress and grooming in the workplace under Title VII of the Civil Rights Act of 1964, as amended.  Under this supplemental guidance, employers…


EEOC Settled Its First Systemic Discrimination Case Under Genetic Information Nondiscrimination Act

The U.S. Equal Employment Opportunity Commission (EEOC) settled its first systemic discrimination case brought under the Genetic Information Nondiscrimination Act of 2008 (GINA). In EEOC v Founders Pavilion, Inc. (Founders Pavilion-Employer)No. 13-cv-6250 (W.D.N.Y. Jan….


UPS Separation Policy After12 Months Leave Challenged By The EEOC

The Equal Employment Opportunity Commission (EEOC) has filed suit against United Parcel Services, Inc. (UPS) in a class action claiming that UPS violated the Americans With Disabilities Act (ADA) by maintaining a leave policy…


Recent Interpretation of ADAAA’s Recent Expanded Definition of “Disability”

Congress enacted the Americans With Disabilities Amendments Act of 2008 (ADAAA) on September 17, 2008. One of the main purposes of the amendments was to specify the “broad scope of protection to be available”…


Do Staffing Agencies Have Any Liability For New Hires Wrongful Acts?

Angry temporary employees are a risk at every workplace, but one temporary medical assistant, placed by a temporary health care staffing agency, took revenge to a whole new level. Theresa Drummond (“Drummond”) was a…


NLRB Finds Wal-Mart’s Post-Protest Discharges Did Not Violate The NLRA

The National Labor Relations Board’s (“NLRB”) Associate General Counsel issued an Advice Memorandum, dated February 1, 2014, clearing Wal-Mart Stores, Inc. (“Wal-Mart”) in case numbers 12-CA-105798, 12-CA-105847, and 12-CA-109743 of charges that Wal-Mart violated…


Excessive Bathroom Breaks: Are They Protected By The ADA Or FMLA?

In a recent case, decided on November 4, 2013 in the U.S. District Court, District of Massachusetts in Ackerson v Pritzker, U.S. District Court (Judge Saris), the Plaintiff, Bonnie Ackerson (Ackerson), brought an employment discrimination action…