FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

FisherBroyles Employment Law Blog

Helping Employers Implement Efficient and Equitable Solutions to their Workplace Problems

Salvation Army Refused To Hire Man With Intellectual Disability: Agrees To Pay $55,000

“Say it ain’t so!  Not the Salvation Army!” This was the reaction of a lot of blog readers in late 2016 when I reported that the EEOC had just sued a Salvation Army thrift store in Wasilla, Alaska (I think I can see it from my roof!), for allegedly refusing to hire an otherwise qualified young man…
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“Only The Hearing Impaired (And Some Doctors) Actually Believe Hearing Impairment Is A Disability"

These are the words of a hearing-impaired lawyer.  So — is hearing-impairment a disability? Deafness, or hearing impairment, as a disability, and the requirement of “reasonable accommodations,” is in the news because of a newly announced settlement of an Americans with Disabilities Act (“ADA”) lawsuit brought by the EEOC against the Cheesecake Factory in Seattle. It was alleged…
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Employment Decisions Based Upon Perceptions Of Disability Violates The ADA

Firing an employee if you perceive that he/she is disabled is just as violative of the Americans With Disabilities Act (“ADA”) as if he/she actually had a disability. A Tampa company was just sued by the EEOC under the ADA for, as one EEOC official said, “Making employment decisions based on perceptions of disability [which] clearly…
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Report To The EEOC For Five Years!

Upfront Takeaway:  If the EEOC sues you and you settle, you are likely not only to make a hefty payment, but to be required to be under EEOC oversight for many years. Can you say “Yes sir?” The latest company to settle is a manufacturing-tooling company in Indiana which withdrew a conditional job offer to…
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Sexual Orientation Discrimination Violates Title VII—CLARIFICATION

By:  Amy Epstein Gluck The District Court of Connecticut decided Boutillier v. Hartford Public Schools, No. 3:13-CV-01303-WWE (November 17, 2016). So, when I exuberantly advised that the Second Circuit came to play, I should have written that federal courts within the Second Circuit were showing up to play! So let’s try this again: Well, this…
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Veteran Denied Job Because Of Company Medication Policy

One more time the Takeaway comes first:  Under the ADA you cannot discriminate against applicants or employees based upon a disability or perceived disability, and you must interact with the applicant or employee to determine if the person can perform the responsibilities of the job with or without reasonable accommodation. The largest refrigerated trucking company…
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Narcoleptic Cop Wins Quarter Million Dollar ADA Jury Verdict

A year ago I did a post entitled “Don’t Be Chained To ‘Fears, Biases or Stereotypes’ Against People With Disabilities.”  Apparently the Austin police department learned this the hard way. An Austin-based detective with narcolepsy was awarded more than $240,000 by a jury in an Americans With Disabilities Act (”ADA”) “failure to accommodate” and retaliation…
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Salvation Army Refuses To Hire Man With Intellectual Disability: EEOC

Say it ain’t so!  Not the Salvation Army! Alas, it is so.  The EEOC has just sued a Salvation Army thrift store in Wasilla, Alaska (I think I can see it from my roof!), for allegedly refusing to hire an otherwise qualified young man for an entry-level job accepting and sorting goods because he has an intellectual disability.…
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Autism—an Eye-Opener for Your Company, Not a Nonstarter

By:  Amy Epstein Gluck Imagine how hard it is to land that awesome, lucrative job when you cannot make eye contact. Or read body language…at all. Or take social cues. Or make small talk. Or even appear to be unaware when people talk to you or ask you questions. Or inject completely irrelevant details into…
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Doctors Fire Doctor Taking Legally Prescribed Meds And Get Sued

By Richard Cohen Maybe my recent post about firing (or not hiring) employees who are taking legally prescribed medications was not read by two Atlanta physicians groups, because if they did they would have known that (1) terminating a physician “because of an actual disability and because he was perceived to be disabled due to his…
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RICHARD COHEN
Richard Cohen has litigated and arbitrated complex corporate, commercial and employment disputes for more than 35 years, and is a trusted advisor to business owners and in-house counsel both in the United States and internationally. His clients have included Fortune 100 companies, domestic and foreign commercial and investment banks, Pacific-rim corporations and real estate development companies, as well as start-up businesses throughout the United States.

Richard Cohen Fisher Broyles

AMY EPSTEIN GLUCK
Amy Epstein Gluck has represented individuals and corporate clients in Virginia, Washington, D.C., and various federal district courts for more than twenty years. Ms. Epstein Gluck’s current practice areas include employment law—advising on and drafting employment agreements; handling employment negotiations, severance agreements, noncompete and nondisclosure agreements, “wrongful terminations” and other EEO matters; representation at the EEOC level; advising employers about discrimination laws and how to remain in compliance, and employment negotiations.

Amy Gluck Fisher Broyles