Since 1996, when Congress passed the Health Insurance Portability and Accountability Act (HIPAA), employers have been struggling with whether and to what extent they could offer incentives to employees to participate in certain “wellness programs.” On Jan. 7, the EEOC proposed a new approach that may provide employers some certainty, particularly as many employers are wondering about incentives to encourage employees to receive a COVID-19 vaccine.
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.
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?”
EEOC Answers Key Questions for Employers
The EEOC yesterday for the first time advised that, at least under the Americans with Disabilities Act, employers may disclose the employee’s name to the public health agency.
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.
EEOC Updates Its 2009 Guidance Concerning Pandemic Preparedness
On Mar. 19, 2020, the Equal Employment Opportunity Commission updated its 2009 pandemic preparedness guidance: Pandemic Preparedness in the Workplace and the Americans with Disabilities Act.
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.
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
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
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
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
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
Employee Engagement Through SAW & RTW: Leave of Absence? Consider the Alternatives
By Marti Cardi, JD VP Product Compliance, Matrix Absence Management Employers have numerous options in cases where a leave of absence is not the best solution for an employee’s medical … Read More