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.
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.
Federal Court of Appeals Will Decide Whether or Not Morbid Obesity Is an Impairment
We know that the ADA Amendments Act of 2008 (ADAAA) substantially altered the landscape for review of claims asserting a disability. But, are employees still required to show some sort of disorder or impairment to state a claim?
EEOC Revises Wellness Plan Regulations
On Dec. 20, the EEOC revised wellness plan regulations by removing the section that permitted incentives. In doing so, the EEOC left employers back in the quandary they were in before. Neither the law, nor the remaining regulations, expressly prohibit (or permit) incentives.
Innovations Enhance Outcomes: Parental Bonding Leaves
Equal Treatment for All Parental Bonding Leaves By Michael Lacroix, PhD Associate Medical Director The Hartford By Janîce Beeker, JD In-house Counsel The Hartford The Family and Medical Leave Act … Read More
7th Circuit Court Case Addresses Leaves as ADA Accommodations
A recent court case addressed the question of whether a leave of absence can be a reasonable accommodations under the Americans with Disabilities Act (ADA). The case is Severson v. … Read More
Ask the Accommodation Experts: Unpredictable Health Conditions
Managing Leaves When Employees Have Unpredictable Health Conditions By Jenny Haykin, MA, CRC Integrated Leaves & Accommodations Puget Sound Energy By Tom Sproger, MS, CEAS-II Ergonomics Consultant Solutions Northwest Inc. … Read More
Wisconsin Employer Resolves EEOC Case Involving Wellness
The U.S. Equal Employment Opportunity Commission (EEOC) has announced that it has resolved its suit against Orion Energy Systems, a Manitowoc, Wis., lighting company, challenging a wellness program under the … Read More
Absence Matters: Compliance Programs
Do Your Compliance Programs Measure Up? By Bryon Bass SVP, Disability and Absence Practice & Compliance Sedgwick For compliance purposes, employers need to be aware of the enforcement agenda of … Read More
Untangling the ADA, FMLA, WC Web: Workplace Policies
Best Practice #1: Review Workplace Policies to Ensure Flexibility By Matthew Bahl, JD Dir. Health & Productivity Analytics Prudential Group Insurance By Kristin Tugman, PhD VP Health & Productivity Analytics … Read More
Federal Court Blocks Rules with Transgender Protections
A federal court has issued a nationwide injunction against enforcement of health care reform regulations on gender identity and termination of pregnancy. These regulations, which were scheduled to go into … Read More
District Court Rules Medical Exams are Voluntary
The Eastern District of Wisconsin has decided the case of Equal Employment Opportunity Commission (EEOC) v. Orion Energy Systems, granting summary judgment in part favoring Orion’s argument that their wellness … Read More
Compliance Memos: September 2016
Proliferating Local Paid Sick Leave, Other Protections Chicago requires employers to provide paid sick leave to employees effective July 1, 2017. One leave hour is accrued per 40 hours worked, … Read More
Federal Agencies Increasing Penalties
Last year, Congress passed the Federal Civil Penalties Inflation Adjustment Act as part of the Bipartisan Budget Act. In accordance with the provisions of that Act, various federal agencies have … Read More
Compliance Makeover: Systematic Compliance Review of IAM Programs
Aligning IAM Programs to Comply with FMLA and ADA By Jaclyn Kugell, JD Morgan, Brown & Joy LLP As the world of unpaid, job-protected leave laws continues to grow, employers … Read More
Compliance Memos: July 2016
EEOC Targets Employer Roadblocks to Disability Leave The Equal Employment Opportunity Commission (EEOC) in May announced it is monitoring a “troubling trend” that employer disability programs are driving employment policies … Read More
New EEOC Notices and Penalties
The Equal Employment Opportunities Commission (EEOC) has issued answers to frequently asked questions (FAQs) about the recent wellness program regulations and has issued a sample notice employers can use to … Read More
HHS Finalizes ACA Nondiscrimination Rules
This final Affordable Care Act (ACA) rule prohibits discrimination based on race, color, national origin, sex, age or disability; enhances language assistance for individuals with limited English proficiency; and protects … Read More
EEOC Issues Final ADA and GINA Rules on Wellness Programs
On May 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final rules that describe how Title I of the Americans with Disabilities Act (ADA) and Title II of … Read More