The Puerto Rico Secretary of Health issued Administrative Order No. 2024-589, declaring a public health emergency due to the prevalence of cases of dengue fever on the Island. Administrative Order No. 2024-589, signed on Mar. 25, 2024, went into effect immediately and will last for 90 days or until June 23, 2024, unless its duration is extended.
Is COVID-19 a Disability? EEOC Provides Updated Guidance
On Dec. 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) added a new section, COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act, to its COVID-19 guidance.
Seventh Circuit Continues To Find That Lengthy Leaves of Absence May Not Be Reasonable Accommodations
On Dec. 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA where it terminated its employee after it became clear that she would require several additional months of leave after she had already been granted a two-and-a-half-month leave of absence due to her disability.
EEOC Issues Guidance on Opioid Addiction in Employment
The U.S. Equal Employment Opportunity Commission issued two technical assistance documents on Aug. 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid medications or may be addicted to opioids.
Connecticut Appellate Court Holds That Regular, Reliable Attendance Can Be An Essential Function
A recent Connecticut Appellate Court case provides helpful reminders that regular, reliable attendance can be an essential function of many jobs; and eliminating an essential job function is not a reasonable accommodation.
Broad Workers’ Compensation Release Agreement Bars Disability Discrimination Claims
The District Court for the Eastern District of Louisiana dismissed an employee’s disability discrimination claims based on a broad release in her workers’ compensation settlement agreement with the employer.
Compliance Memos: January 2019
“Failure-to-Accommodate” Claims Hit Significant Barrier In Exby-Stolley v. Bd. of County Commissioners, the plaintiff resigned due to her belief that the employer intended to terminate her, since it rejected the … Read More
Another Court Decides That Extended Leave is Not Reasonable
In Easter v. Arkansas Children’s Hospital, an employee was unable to work after exhausting her FMLA leave but she had an appointment to be evaluated by a specialist less than a month later. The employer denied the additional leave and terminated her employment. The Court held there was no violation of the ADA.
The ADA Is Your Organization’s Integration Driver and Partner
Once considered an “ignored step-child”, the Americans with Disabilities Act (ADA) has risen to star status as integrated absence management (IAM) has evolved. Whether your organization has a vision of … Read More
The CEO’s Desk: The ADA Revisited
By Terri Rhodes, MBA, CPDM, CCMP CEO DMEC Do you find the Americans with Disabilities Act (ADA) constantly climbing higher on your “to do yesterday” list? You are not alone. … Read More
Overcoming the Disability Epidemic: Behavioral Job Duties
A Practical Approach to Behavioral Job Duties By Les Kertay, PhD, ABPP, LP Chief Medical Officer R3 Continuum “Job demands” are a critical but often overlooked aspect of managing compliance … Read More
RTW Case Study: Accommodating Fragrance Sensitivities
Workplace Fragrance Sensitivities: Accommodations Help Productivity, Employee Well-Being By Todd Meier, MEd, CRC Workplace Possibilities Program Coordinator Standard Insurance Company (The Standard) It’s difficult to watch a dedicated employee struggle … Read More
Compliance Makeover: ADA Psychological Accommodations
Accommodating Psychological Conditions under the ADA By Dr. Michael Lacroix Associate Medical Director Aetna Disability We hear an awful lot of anguish from employers about complying with the requirements of … Read More