Good news! The Equal Employment Opportunity Commission recently announced in its 2015 regulatory agenda that it will be issuing proposed regulations on the impact of the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act on wellness programs. The proposed regs are expected in February.
To read about the continuing saga of the ADA/GINA and employer ...
UPDATED 10/29/14 and 11/7/14 (see below). Thanks to Kate Bischoff of The Employment Law Navigator for bringing this to our attention.
The Equal Employment Opportunity Commission filed a petition yesterday in federal court in Minnesota to stop Honeywell International, Inc., from requiring that employees (and spouses, if the employees have family health insurance coverage ...
The Equal Employment Opportunity Commission has been on a tear this week, suing employers right and left, and getting some "wins" including a couple of big settlements . . .
Train-wreck boss. The U.S. Court of Appeals for the Fifth Circuit (Louisiana, Mississippi, and Texas) vacated a summary judgment decision for a Tex-Mex restaurant franchisor that had been sued by the EEOC because ...
Hallelujah! The Equal Employment Opportunity Commission announced this week that it plans to issue guidance on employers' ability to offer incentives to employees based on their participation in wellness programs, or whether they provide information in response to health risk assessments.
I've blogged about this issue in the past -- here, here, here, and here. There is at least a ...
The EEOC -- can't live with 'em, can't live without 'em.
As irritated as I sometimes become with the agency's lawsuits, I have to hand it to them. The guidance they have recently published jointly with the Federal Trade Commission on background checks is great -- written in plain English (no legalese), concise, and convenient. An employer can read and comprehend it without even needing an ...
How much do you really know about employment medical examinations and the law? Let's find out!
1. Assuming the results are not used in a way that violates the law, it is legal under the Americans with Disabilities Act to require a post-offer medical examination IF
A. The examination is job-related and consistent with business necessity.
B. The examination is narrowly tailored to ...
After having expressed concern (here and here) that penalizing employees for not participating in "voluntary" wellness programs may render the programs . . . er . . . involuntary*, my view was somewhat vindicated this week by Rep. Louise M. Slaughter (D-NY) in a letter that Rep. Slaughter sent to the Equal Employment Opportunity Commission.
*Under the Americans with Disabilities Act ...
What a year, am I right or am I right? Here is a catalog of the major employment and labor law developments from 2011. And, just to keep it entertaining, I've started off each month with a weird but true off-topic story that was in the news that month. Many thanks to Drudge Report archives for the strange stuff. Thanks also to Esquire magazine's annual Dubious Achievement Awards (sadly ...
Do you want a healthy workforce? Of course! But don't overdo it. A too-aggressive wellness program may make your company sick in the long run.
Employers and their insurance companies love wellness programs. They result in reduced premiums as well as (presumably) fewer big-money claims because they encourage employees to take better care of themselves.
Many employers offer ...
You bet! You may, and it's strongly recommended unless you are comfortable with the opinion of the employee's doctor.
First, by sending the employee to the doctor, you can verify the need for the reasonable accommodation. (Honestly, this is not a big deal because challenging the existence of an employee's medical condition is a losing battle most of the time.)
Second, you can determine ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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