The 6th Circuit held “regular, in-person attendance constitutes an essential function of most jobs,” but an employer must tie time-and-presence requirements to some other job requirement in order to prove that in-person attendance is indeed an essential job function.
Can You Be Regarded as Disabled Based on a Potential Future Disability?
Can you be regarded as disabled based on a potential future disability? In a case just decided by the 11th Circuit Court of Appeals, EEOC v. STME, LLC, the Equal Employment Opportunity Commission (EEOC) espoused precisely this position.
9th Circuit Dodges the Question of Whether Morbid Obesity Is an “Impairment” Under the ADA
On Aug. 20, 2019, the 9th Circuit dodged answering the question of whether or not morbid obesity is considered a disability under the Americans with Disabilities Act.
Return to Work: Creating an Effective Program
Return to Work: Creating an Effective Program For Any Type of Absence By Sonja R. Teague, CPDM VP Integrated Absence Management ESIS Given all the leave options available, it’s no … Read More
Integrating the ADA and RTW
Integrating the ADA and RTW for a Smooth Transition By Magdalena M. Torres Disability Analyst Provident Bank Provident Bank has found several advantages in integrating the Americans with Disabilities Act … Read More
Disability in the Workplace: Overlapping Benefits
Compliance Notes for How to Manage Overlapping Benefits By Marjory Robertson, JD AVP, Senior Counsel Sun Life Financial By Abigail O’Connell, JD Senior Counsel Sun Life Financial Understanding which of … Read More
Compliance Memos: July 2019
Battleground Over Complex State and Local Leave Laws The complexity of paid leave laws opens doors to legal challenges. Which employers are subject to the law? Minnesota. In May, the … Read More
Connecticut Issues Guidance on Pregnancy Accommodation
On Apr. 23, 2019, the Connecticut Commission on Human Rights & Opportunities (CHRO) issued a Best Practices Bluepaper as guidance for employers with three or more employees facing accommodation requests from employees for pregnancy, childbirth, or related conditions.
The 4th Circuit Reaffirms Regular, Reliable Attendance Is Essential Function of Most Jobs
The 4th Circuit has reaffirmed its position that regular and reliable attendance is an essential function of most jobs.
The FMLA, ADA and Overseas Employees
In the global economy, it is not unusual for U.S. multinational companies to have employees working overseas. Overseas employment arrangements require employers to navigate a variety of complex legal issues – some of them leave related.
March 2019: Electronic PDF
March 2019 Employment Practices Compliance Managing ever-expanding state and local paid family and sick leave mandates, training supervisors and managers on FMLA and ADA requirements, handling difficult accommodation requests, and … Read More
Integrated Absence Management: Supervisors Are Key
Supervisors: Key to Managing and Preventing Absence By Glenn Pransky, MD Scientific Advisor Lincoln Financial Group By Tawnya Goertzen Director, Clinical Vocational Operations Lincoln Financial Group Preventing and managing work … Read More
Technology and Absence Management: Consistency
Using Technology to Strengthen Consistency in Absence Management By Geoffrey Simpson Director of Sales & Marketing Presagia A consistent and timely approach is crucial for complying with the Family and … Read More
Disability in the Workplace: The ADA
ADA Requires Training, Process, Documentation By Marjory Robertson, JD AVP, Senior Counsel Sun Life Financial By Abigail O’Connell, JD Senior Counsel Sun Life Financial Employers risk litigation under the Americans … Read More
Aligning Workers’ Compensation: ADA in the WC World
ADA in the WC World: Lost in Translation? By Gary Anderberg, PhD SVP Claim Analytics Gallagher Bassett Do your colleagues across the hall in risk management speak fluent ADA (Americans … Read More
The CEO’s Desk: Top Compliance Challenges
Top Compliance Challenges for 2019 By Terri L. Rhodes CCMP, CLMS, CPDM, MBA CEO, DMEC Managing the key requirements of ever-expanding state mandates is just one of many leave compliance … Read More
ADA Leave: The Six Things You Need to Be Doing
Last year, like every year since the introduction of the Americans with Disabilities Act (ADA), the EEOC conducted a record number of ADA-related lawsuits.
2018 DMEC Employer Leave Management Survey White Paper
For eight years the Disability Management Employer Coalition (DMEC) and Spring Consulting Group (Spring) have partnered to conduct annual research on employer leave management. Our national survey tracks employer methods … Read More
2018 DMEC Employer Leave Management Survey Executive Summary
For eight years, DMEC and Spring Consulting Group have partnered to conduct annual research on employer leave management. With information from over 820 employers, the national survey tracks employer methods … Read More
Unsettled Waters at the Accommodation of Last Resort
In 2019, we are poised to learn where the 4th Circuit stands on reassignment as an accommodation — an issue that has split the Circuits.