If you look out toward the leave-and-attendance legislation horizon, and you might have to squint a bit but not much, you can see yet another patchwork beginning to take shape. This one is on paid sick days. Multi-state employers need to watch this carefully since it is certainly heading for full-fledged “patchwork” status which, when
discrimination
Plaintiff With Many Chemical and Other Sensitivities Not Qualified Under Rehab Act
By Jackson Lewis P.C. on
Posted in Uncategorized
A plaintiff with chemical or other sensitivities alleging disability discrimination is not unusual. The typical claim is that such a plaintiff, despite such sensitivities, is a qualified individual with a disability and the employer failed to accommodate those sensitivities. The pro se plaintiff in an Eleventh Circuit case making that claim, a nurse in a…
EEOC Reports Record Number of Discrimination Charges; ADA Charges Are Fastest Growing Category
By Jackson Lewis P.C. on
The EEOC reported a record number of private sector discrimination charges filed in FY 2010, nearly reaching the 100,000 mark. 99,922 charges were filed in FY 2010, an increase of 6,645 (7%) from FY 2009. The most frequently filed charges were retaliation (36%), race discrimination (35.9%), and sex discrimination (29.1%).
Disability discrimination charges increased more…
Top 20 ADA Cases: Large Jury Verdicts and Perhaps Some Litigaphobia
By Jackson Lewis P.C. on
Posted in ADA
As part of its celebration of the 20th anniversary of the ADA, the EEOC issued a report entitled "Twenty Years of ADA Enforcement, Twenty Significant Cases," sort of the top twenty ADA cases brought by the agency. Much can be gleaned from this ten page document and we may revisit it a few times.…
Within Range But Overweight? Not Your Typical Weight Discrimination Case
By Jackson Lewis P.C. on
Posted in Uncategorized
Some call obesity the next smoking, meaning that now that employers have had a multi-faceted attack on reducing health costs related to smoking, they will move on to obesity. The CDC reports that about 40% of U.S. adults are obese, while about 20% of adults smoke. The rate of obesity has been…