For several years now, businesses have been plagued by litigation alleging violations of the American with Disabilities Act (whether violations existed or not) in order to extract a financial settlement (small enough to be worth settling, but large enough to be a problem) from the business owner. Such lawsuits become known as “drive-by lawsuits”. For…
Read More »Staying in New York for the moment, New York City’s expansion of the reasonable accommodation requirement takes effect the following week on October 15, 2018. More specifically, a January amendment to the New York City Human Rights Law (NYCHRL) requires that employers with four or more employees engage in a detailed “cooperative dialogue” with any…
Read More »It can’t even be called a “drive-by” lawsuit, but metaphorically speaking, that is the perfect description. A lawsuit against Dunkin’ has been revived and remanded by the 11th Circuit Court of Appeals. Dennis Haynes v. Dunkin’ Donuts, LLC stems from allegations by a Haynes, a blind Florida man that he was being discriminated against in…
Read More »Senate Democrats have formed a filibuster proof bloc of 43 Senators opposing a bill passed by the House in February that adds new provisions to the Americans with Disabilities Act (ADA). The group of Senators advised Senate Majority Leader Mitch McConnell in a letter signed by all 43 this week that they will not allow…
Read More »The US House of Representatives yesterday passed HR 620, which requires that business owners be given details about alleged ADA violations and a time to cure the default before a lawsuit can be initiated. The ADA Education and Reform Act of 2017, which has long been a priority of the Coalition of Franchisee Associations (CFA),…
Read More »They weren’t completely struck down by the court – but in some ways they might as well have been. In a decision this week by the District Court for the District of Columbia, the Equal Employment Opportunity Commission was ordered to reconsider its current voluntary wellness program regulations which allow employers to offer incentive of…
Read More »As we all know only too well, court decisions cut both ways. The real take-away should be caution rather than joy in victory or despair over a defeat. A couple of recent cases underscore the point. A decision rendered by the 2nd Circuit Court of Appeals points to the possibility that one single racial slur…
Read More »There has long been a conflict on wellness programs between the Equal Employment Opportunity Commission and the provisions of the Affordable Care Act – with employers caught in the crossfire. It would appear that at long last, EEOC has clarified the provisions as relates the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination…
Read More »It was reported this week that Starbucks is acquiring an ownership stake in Italian bakery Princi, with 4 locations in Italy and one in central London. The company also made headlines this week when it announced that it was increasing wages across the board by 5% up to the manager level and adding further enhancements…
Read More »The Equal Employment Opportunity Commission must like being in the headlines because the agency is issuing new rules and regulations left and right over the past few weeks. In short order recently, EEOC issued three new fact sheets addressing equal pay issues and pregnancy discrimination. The documents, released for the White House State of Women…
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