Complying with the ADA in hiring (and in the workplace) means not only “treating people equally despite whatever physical challenges they may face” (as per the EEOC), but also not making assumptions or buying into biases or stereotypes about an applicant’s abilities based on a disability.

Treating someone adversely or differently based upon a “perception

Last January, we posted about a newly-filed EEOC lawsuit which alleged that a  nursing care facility offered two part-time positions to an applicant who is deaf (dietary aide/assistant cook).  The claim was that when he was called in for a follow-up interview with different managers he was “grilled about his ability to communicate,” after which

On November 1, 2012 we reported that “A strategic enforcement plan (“SEP”) has been drafted by the EEOC which currently has three guiding principles: (1) targeted enforcement; (2) an integrated approach to public sector and private sector enforcement; and (3) accountability.”

We described what two EEOC officials told a PLI audience as to what areas

Law360 published an interview yesterday with the EEOC’s General Counsel David Lopez in which he candidly predicted the areas of the anti-discrimination laws in which the EEOC will be filing future lawsuits.  First, he said, he wanted to see more Equal Pay Act cases, as well as more age-related cases, given the aging population.


The human body is a frail vessel, prone to defects, injuries, and limitations.  Nonetheless, employers must negotiate the thicket of illnesses, injuries, and all manner of medical conditions which their employees suffer ever mindful of the changing and complex rules of the Americans With Disabilities Act (“ADA”).

Issues such as what constitutes a physical or

With the recent, long-awaited publication on May 18th of the 900-plus page DSM-V, the so-called “Bible”  of the American Psychiatric Association (its $100,000,000 publishing baby), there has been the usual battle between and among psychiatrists, psychologists and other mental health professionals over its content.  It adds many diagnoses and deletes others.  It renames some (“Gender

The EEOC announced today the settlement for $92,500 of a disability discrimination lawsuit against University of Maryland Faculty Physicians, Inc.

The complaint claimed that an employee with Crohn’s disease whose job included answering phone calls and scheduling appointments, was undergoing medical treatment and couldn’t work for two weeks, and when she asked for one more