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Showing 9 posts in Americans with Disabilities Act.

California Employer Win – Multiple Month Leave Without Finite Return Date Is Not a Reasonable Accommodation

A recent Southern District of California court decision provides California employers with additional guidance on what constitutes a reasonable accommodation. More ›

Seventh Circuit Sets Proof Paradigm for ADA Interference Claims

Too often, we think of Americans with Disabilities Act (“ADA”) claims in terms of discrimination and failure to accommodate. Employment lawyers typically see interference claims in the context of other employment statutes, such as the Family Medical Leave Act (“FMLA”). However, the ADA also includes a provision prohibiting interference. It is unlawful for an employer to “coerce, intimidate, threaten or interfere with any individual in the exercise or enjoyment of, or on account of his or her having exercised or enjoyed, or on account of his or her having aided or encouraged any other individual in the exercise or enjoyment of, any right granted or protected by the ADA.”  More ›

Seventh Circuit Holds a Multi-Month Leave is Not a Reasonable Accommodation

Last week the Seventh Circuit dealt a blow to the EEOC's continued position that medical leave is a reasonable accommodation when the leave is (1) of a definite, time-limited duration; (2) re-quested in advance; and (3) likely to enable the employee to perform the essential job functions upon return. The panel rejected that position, noting it glossed over the length of the requested leave, improperly transforming the ADA into "an open-ended extension of the FMLA." More ›

EEOC Sues Illinois Employer for Refusing to Provide Disabled Employee Additional Leave

You have complied with the Family Medical Leave Act by allowing an employee with a serious medical condition 12 weeks of leave. You even provided a few additional weeks even though he has exhausted all available leave. When the employee asks for three more weeks, and you think to yourself “the company has met its legal obligations and can terminate, right?” Wrong—according to the EEOC. More ›

EEOC Ordered to Reconsider What “Voluntary” Means for its Wellness Program Guidance

The long-running efforts of the Equal Employment Opportunity Commission to provide guidance on what constitutes a “voluntary” wellness program were called into question by the U.S. District Court for the District of Columbia, in the case A.A.R.P. vs. U.S. E.E.O.C. More ›

Retroactive Accommodations to Excuse Past Misconduct Not Required under the ADA

Envision a situation where you are about to terminate an employee for violating a work conduct rule. Sensing what is coming, the employee explains to you her disability caused her to violate the rule.  Are you required to accommodate under the Americans with Disabilities Act (ADA) and forgo termination? The answer is no. More ›

EEOC Issues Sample Notice for Employers Offering Wellness Programs

Last month, we alerted you to some new guidance from the EEOC on wellness programs. One of the key requirements of this new guidance is that employers must give notice to participants about the information being collected through the wellness program and how that information is to be used. Yesterday, the EEOC issued additional guidance on this notice requirement, including a sample notice and a list of items employers should consider when dealing with the notice requirement.  More ›

Title VII Posting Violation Penalties Increase 150% Effective July 1, 2016

The EEOC has increased the maximum penalty for employers that violate the posting provisions of Title VII, the Americans with Disability Act ("ADA") and the Genetic Information Nondiscrimination Act ("GINA") from $210 to $525 per violation, more than doubling the prior penalty amount. They state the increase is due to inflation and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The increase goes into effect July 1, 2016. The last increase was in 2014 but this increase is the largest increase in history. More ›

EEOC Issues Final Regulations on Wellness Programs

Employers who provide employees with incentives to encourage healthy behavior must contend with an alphabet soup of federal law — ERISA, GINA, HIPAA, the ACA, the ADA, just to name a few. Earlier this week, the EEOC weighed in and finalized its latest guidance on how employer wellness programs should be structured. These final regulations largely adopt the proposed regulations that were issued in 2015. More ›

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