U.S. Supreme Court Urged to Extend ADA Protections to Former Employees
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Keeping the ADA Process Interactive and Moving Forward
How can employers keep the interactive process going when employees do not participate? You may have more options than you realize! Consider these suggestions to ensure you cover all of your bases!
U.S. Supreme Court Vacates, Dismisses as Moot Decision Holding ADA ‘Tester’ Has Standing to Sue
The U.S. Supreme Court vacated a decision by the U.S. Court of Appeals for the First Circuit holding a self-appointed “tester” has standing to sue under the Americans With Disabilities Act (ADA).
EEOC Revises its COVID-19 Guidance, Again
In response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”.
The Disabled Workforce: Defining “Timely” in the ADA Interactive Process
Under Title I of the Americans with Disabilities Act, employers are required to engage in a timely, good faith interactive process with employees or applicants who request or need reasonable accommodations. So, what is timely? The word refers to both the time it takes for the organization to begin the process and to conduct it.
2023 Trends: ADA and Long COVID
It’s tempting to think we are done with the COVID-19 conversation, but those who manage ongoing accommodation and leave requests and process claims know that is not our reality. There hasn’t been a tsunami of long COVID claims, as some expected, which makes it easier to adopt an out-of-sight, out-of-mind philosophy. However, that would be unwise — in part, because of potential lag times in reporting.
The CEO’s Desk: Adjusting to a New Era of Compliance
How do industry professionals adjust to this new era of compliance? It’s important to go back to the basics, identify which employment practices need fine-tuning to ensure compliance, and which policies need updating or modernization. And DMEC is here to offer you the support and resources you need.
Absence Matters: Intermittent Absences
Intermittent leave has caused headaches for absence management professionals since the Family and Medical Leave Act (FMLA) was enacted in 1993. However, many don’t realize that intermittent leave isn’t just an FMLA consideration and that it can be a helpful tool.
Common Sense Compliance: STD FMLA and ADA Issues
Employers may not realize that every short-term disability claim has the potential to become an FMLA or ADA lawsuit if it is not properly managed. Those that integrate leave, disability, and accommodation workflows can consolidate intake as well as correspondence.
Have We Reached a Tipping Point? The ADA & COVID-19
Determining a “reasonable accommodation” is more complicated than ever, due to ongoing concerns about COVID-19, long COVID, and a dizzying number of state-specific requirements for COVID-19 vaccine accommodations and supplemental paid sick leave. We must brace for ongoing COVID conversations — considering millions of people are affected by long COVID which may be keeping more than one million employees out of work.
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