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.
EEOC Opines on COVID-19 Testing by Employers
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?”
Navigating Employer Obligations to Provide Employees with Masks, Face Coverings
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”.
EEOC Releases Recorded Webinar Addressing Important Questions
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.
2019 DMEC Employer Leave Management Survey White Paper
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
2019 DMEC Employer Leave Management Survey Executive Summary
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
The 5th Circuit Affirms “My Disability Made Me Do It” Is No Excuse for Sleeping on the Job
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.
Mental Health and the ADAAA: A Blueprint for Management
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.
From Daunting to Doable: Conquer Documenting Essential Job Functions
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.
6th Circuit Rules Regular, On-Site Attendance Is Essential Function
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.
2019 DMEC ADA Administration Pulse Survey Results
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
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.