Despite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a level of care to safeguard their health and safety at its assisted living facility during the COVID-19 pandemic.
The EEOC’s most recent update provides an answer to the following question: “May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace?”
As the CDC continues to study COVID-19, the agency is regularly updating guidance on precautionary measures to further prevent the spread across the United States. The agency has expanded its recommended precautions to include “wearing cloth face coverings in public settings where social distancing measures are difficult to maintain”.
The EEOC published a webinar to address common employer questions regarding the COVID-19 outbreak, including: taking employees temperatures, appropriate and inappropriate disclosure of information related to an employee’s COVID-19 diagnosis, and managing employee accommodation requests including requests from employees in the high risk categories identified by the CDC.
For nine years the Disability Management Employer Coalition (DMEC) and Spring Consulting Group have partnered to conduct annual research on employer leave management. Our national survey tracks employer methods for … Read More
For nine years, DMEC and Spring Consulting Group have partnered to conduct annual research on employer leave management. With information from over 873 employers, the national survey tracks employer methods … Read More
On Jan. 14, 2020, the 5th Circuit ruled on whether the Americans with Disabilities Act (ADA) requires an employer to excuse terminable misconduct — in this case, sleeping on the job — based on an employee’s after-the-fact, disability-related explanation.
Navigating the legal landscape when an employee has a disability related to his/her mental health can be challenging. At the outset, it is not always clear that an employee may need a reasonable accommodation.
Profound changes in work, workplaces, and workers are creating demand for new approaches to leave policies. Our session at the 2019 DMEC Compliance Conference, Keep Up With the Competition: Creating Innovative Company Leave Programs, will enable you to understand these changes; identify how they impact your company; and learn how to incorporate this knowledge into the design of leave policies that create a competitive advantage while maintaining legal compliance and coordination with other benefits.
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? 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.
DMEC routinely hears from employers struggling with the complexities of managing Americans with Disabilities Act (ADA) accommodation activities. With little regulatory guidance on the administrative aspects of managing requests and … Read More
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 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 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
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
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
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 has reaffirmed its position that regular and reliable attendance is an essential function of most jobs.
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.