JUST ONE WEEK AFTER FILING (& SETTLING) IT’S FIRST EVER “GINA” LAWSUIT, IT HAS NOW FILED ITS FIRST “GINA” CLASS ACTION

By:  Lizbeth V. West, Esq.

The EEOC issued a press release on May 16, 2013 announcing that it has filed a class action against The Founders Pavilion, Inc. (“Founders”), a nursing and rehabilitation center in Corning, N.Y.Continue Reading THE EEOC IS “OFF TO THE GINA RACES”

By:  Lizbeth V. West, Esq.

On May 7, 2013, the EEOC issued a press release announcing the settlement of a lawsuit against Fabricut, Inc., one of the world’s largest distributors of decorative fabrics. This is the first lawsuit ever filed by the EEOC alleging genetic discrimination.Continue Reading EEOC SETTLES ITS FIRST “GINA” LAWSUIT FOR GENETIC DISCRIMINATION – An Important Lesson for Employers Re: Medical Questions of Applicants and Employees that Violate GINA?

Join us at this year’s “ADA: Defense Strategies and Attorney Fee Awards in Light of Recent Legislation and Jankey v. Lee” seminar where Weintraub attorney Lizbeth West will be speaking as one of the panelist in regards to:

  • An overview of the Jankey v. Lee decision
  • Recent Federal and State Legislation
  • Establishing available affirmative defenses

By:    Duyen T. Nguyen

In Young v. UPS, 2013 U.S. App. Lexis 530, a UPS worker sued her employer for sex and race discrimination under Title VII and for disability discrimination under the ADA on the basis of her pregnancy. On January 9, 2013, the Fourth Circuit Appellate Court issued a decision affirming the district court’s grant of summary judgment for the employer.Continue Reading The Fourth Circuit Court Says Pregnant Employee Not Entitled to Accommodation

By:       Lizbeth V. West, Esq.

Robert v. Board of County Commissioners of Brown County, Kansas, et. al. (10th Cir. Aug. 29, 2012) No. 11-3902

The job description for Robert’s job as a supervisor of felony offenders included 18 “essential functions.”   Some of those included functions like performing drug screenings, ensuring compliance with court orders, testifying in court, and “field work,” which consisted of visiting the homes of individuals who had been released from prison to assist them in their reentry into society. The job required “considerable fieldwork . . . throughout the 22nd Judicial District," "visits in less than desirable environments," and "potentially dangerous situations in field/office contacts."Continue Reading Is Leave Required As An Accommodation If It Is Unclear If The Employee Will Be Able To Perform The Job In The Near Future?