Showing 25 posts in Americans with Disabilities Act.

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

August 24, 2017 by Anthony E. Antognoli

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

January 24, 2017 by Hinshaw & Culbertson LLP

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

June 17, 2016 by Anthony E. Antognoli

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

June 3, 2016 by Mellissa A. Schafer

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

May 18, 2016 by Anthony E. Antognoli, Aimee E. Delaney

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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