Flu epidemics occur each year throughout the United States. The Center for Disease Control and Prevention estimates that flu activity most commonly peaks in January or February; however, seasonal flu activity can begin as early as October and continue to occur as late...
EEOC Accepts Charges of Discrimination During Shutdown
Employees who face age, race, or disability discrimination often file charges of discrimination with the Equal Employment Opportunity Commission ("EEOC") to seek to address their discrimination. As the government enters its second day of the shutdown, employees...
An Employer’s “Honest Belief” Must Be Based On Actual Facts
The Sixth Circuit issued an unpublished decision on August 18, 2011 that has the potential to make a large impact on disability discrimination cases and discrimination cases in general with respect to the "honest belief" defense often asserted by employers. In Jones...
Can an Individual Pursue a Discrimination Lawsuit While He Is In Bankruptcy Proceedings?
The case of Johnny Lee, Sr. v. University Hospitals Health System, Inc. (N.D. Ohio March 27, 2009) Case NO. 1:07CV3555 exemplifies risks some people take when they file a discrimination lawsuit during their bankruptcy proceedings. An individual could potentially...
Disability Discrimination – ADA Limitations for “Regarded As”
Dennis Breen v. Infiltrator Systems (6th Cir. March 24, 2011), Case No. 10-5013: With the new regulations to the Americans with Disabilities Act, disability discrimination claims are increasing. In a recent ADA case, the 6th Circuit reviewed a Plaintiff's claim...
Disability Discrimination Claim by State Employee
Jessica Whitfield v. State of Tennessee, (6th Cir., March 25, 2011). Jessica Whitfield sued her state government employer for both equitable relief and damages under Titles I and II of the ADA for disability discrimination. The district court dismissed her claim under...
Sole Cause v. A Motivating Factor Causation
Susan Lewis v. Humboldt Acquisition Corporation (6th Cir. March 17, 2011). Plaintiff appealed a jury verdict against her on her disability discrimination case. Following a jury trial, the jury concluded that plaintiff was "regarded as" disabled and she was a...
New ADA Regulations Provide Opportunity and Challenge
May 23, 2011 marked the first day the new Americans with Disability Act regulations were effective. The new rules will be a challenge for employers because of adoption of the expansive definition of "disabled." On the other hand, the law is a serious win for...
