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Lawmakers have introduced a bill that would lower the burden of proof for employees bringing disability and age discrimination claims. If passed, the Protecting Older Workers Against Discrimination Act (S. 2189) would change the laws’ “but for” standard to one allowing “mixed motives.” Both the Americans With Disabilities Act and the Age Discrimination in Employment Act […]
A worker with bipolar disorder was awarded more than $56,000 after a federal district court found that his employer fired him because of his disability, in violation of the Americans With Disabilities Act (ADA). The case is one of the first bipolar disorder suits the U.S. Equal Employment Opportunity Commission (EEOC) has brought to trial. […]
By Diane Pietraszewski The vast majority of all equal employment opportunity lawsuits are filed by individual employees or job applicants. The Equal Employment Opportunity Commission (EEOC) may file cases on behalf of individuals, but it rarely does so because of limited resources. To get more “bang” for its litigation bucks, the EEOC is increasingly turning […]
The 2010 ADA Standards for Accessible Design are in effect officially as of March 15. These standards were adopted as part of the revised regulations for Title II and Title III of the Americans with Disabilities Act of 1990 (ADA) and will make buildings and facilities accessible to more than 54 million Americans with disabilities. […]
by Jeffrey S. Beck Most employers are aware that to meet the burden of establishing a discrimination claim under the indirect method (i.e., without “smoking gun” evidence of discriminatory intent), an employee must offer evidence that similarly situated individuals outside her protected class were treated more favorably. While that principle is well established, cases can […]
The U.S. Equal Employment Opportunity Commissionwill hold a public meeting to discuss pregnancy discrimination and caregiver issues on Wednesday, Feb. 15, at 9:30 a.m. (Eastern Time) at agency headquarters, 131 M Street, N.E., Washington, D.C. In accordance with the Sunshine Act, the meeting is open for public observation of the Commission’s deliberations. At the meeting, […]
It pays to stay off the Equal Employment Opportunity Commission’s enforcement radar. Employers paid more than $100 million in fiscal 2011 to resolve disability discrimination claims enforced by the civil rights agency, it’s annual annual statistical summary. Payouts to workers alleging violations of the Americans with Disabilities Act produced the highest increase in monetary relief […]
According to the annual Performance and Accountability Report released in November, the Equal Employment Opportunity Commission (EEOC) finished fiscal year 2011 with a 10 percent decrease in its pending-charge inventory, the first such reduction since 2002. At the same time, the agency achieved the highest-ever monetary amounts through administrative enforcement, and it received a record […]
By Clayton Jones and Derek Knoechel A growing frustration for Canadian employers is the need to defend against human rights claims arising out of the same factual circumstances in multiple forums. Discrimination claims that are presumptively dealt with by a labor arbitrator can resurface as virtually identical claims before a human rights tribunal. While most […]
By Hadiya Roderique The Supreme Court of Canada recently considered whether the Canadian Human Rights Tribunal has the authority to award legal costs to a successful complainant. As we noted in an earlier bulletin, this case could have major ramifications in human rights litigation across Canada. Complaint Donna Mowat brought a human rights complaint against […]