Employment & Labor Insider

Employment & Labor Insider

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Tag Archives: Americans with Disabilities Act

The ADA: Four issues to watch in 2018

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, GINA, Pregnancy
Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you haven’t visited Bill’s blog, you should — he covers all aspects of the ADA, including Titles II and III, as well… Continue Reading

Extended medical leave not a “reasonable” accommodation under ADA, court says

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, HR
This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act. In doing so, the court rejected longstanding guidance from the Equal Employment Opportunity Commission that a long-term medical leave is… Continue Reading

Trump’s EEOC nominations are rocking along – and here’s what we can expect

Posted in Americans with Disabilities Act, Discrimination, Equal Pay, Gender Identity Discrimination, Genetic Information Non-Discrimination Act, GINA, Labor Relations, Politics, Sexual Orientation
With President Trump in office for nine months now, it is hard to believe that none of his people are yet on the Equal Employment Opportunity Commission. The four current Commissioners, including the Acting Chair, Republican Victoria Lipnic, and former Chair Jenny Yang, were all appointed by President Obama. But that may change soon. The Senate… Continue Reading

Second-guessing the advice columns: Bad HR practices aren’t necessarily illegal.

Posted in Discrimination, HR, Lawyers!, Wage-Hour, Workers' Compensation
It’s been a while since I’ve picked on an advice columnist for leading readers astray on employment law, but we have one, from the usually-sound Work Advice column by Karla Miller of The Washington Post. The letter writer complains that her employer is going to start evaluating employees based in part on their participation in company-sponsored “social” functions,… Continue Reading

AARP’s wellness win against the EEOC: The “law nerd” version

Posted in Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
(You’ve been warned.) As I reported Tuesday, a federal judge has ruled that the wellness regulations issued by the Equal Employment Opportunity Commission are invalid. Judge John D. Bates of the District of Columbia did not vacate the rules but remanded them to the EEOC to address the rules’ “failings.” Now that I’ve had a chance to read the… Continue Reading

WOW! Court invalidates EEOC wellness rules

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
I’ve written about the AARP’s challenge to the wellness rules issued by the Equal Employment Opportunity Commission here, here, and here. Today, the court granted the AARP’s motion for summary judgment and denied the EEOC’s motion. I have not had a chance to read the opinion, but here it is. I’ll be back soon with some… Continue Reading

Weekly catch-up

Posted in Americans with Disabilities Act, ConstangyTV
Would you believe we have another ConstangyTV Close-Up on Workplace Law? We do! In our August show, host Leigh Tyson talks with Heather Owen of our Jacksonville Office (esteemed proprietor of FOCUS, our women’s leadership blog) about coordinating reasonable accommodation obligations under the Americans with Disabilities Act and leave under the Family and Medical Leave Act. Heather… Continue Reading

Thinking out loud about medical marijuana and reasonable accommodation

Posted in Drug Testing
(When I think out loud, beware.) Ellen Kearns’ discussion of last week’s decision in Barbuto v. Advantage Sales and Marketing, in which the Massachusetts Supreme Judicial Court ruled that employers may have to accommodate employees who use medical marijuana, got me thinking about whether we need to revisit some of our assumptions about marijuana in the… Continue Reading

Gender dysphoria: Is it an ADA-protected disability?

Posted in Americans with Disabilities Act, Gender Identity Discrimination
As our readers know, discrimination against transgender individuals is often treated as sex discrimination under Title VII, as a form of unlawful “sex stereotyping.” But is it also a “disability” within the meaning of the Americans with Disabilities Act when an individual identifies with a gender other than his or her biological one? Transgender individuals… Continue Reading

Second-guessing the advice columns on workplace law — again!

Posted in Americans with Disabilities Act, Family and Medical Leave Act, HR
I’m going to have to make this a regular series. A few weeks ago, I posted about an “Ask Amy” column involving a bullying boss, which I thought had really poor employment law advice. (To her credit, Amy posted not one, but two, corrections not long afterward.) Last week, Karla Miller of the “Work Advice” column… Continue Reading

“The Bermuda Triangle” ADA-FMLA-Workers’ Comp Quiz

Posted in Americans with Disabilities Act, Family and Medical Leave Act, HR, Workers' Compensation
(DEAR READERS: I know that using “Bermuda Triangle” to refer to issues involving the Americans with Disabilities Act, the Family and Medical Leave Act, and workers’ compensation is corny, trite, stale, and overdone. But I’m being ironic, so it’s ok.) No. 1: FMLA leave can run _____________ with workers’ compensation leave. A. Consecutively B. Conformity C. Concurrently… Continue Reading

EEOC asks court to throw out wellness lawsuit filed by AARP

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
I’ve written here and here about the lawsuit filed by the AARP against the U.S. Equal Employment Opportunity Commission, seeking to invalidate the EEOC regulations relating to wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. On Wednesday, the EEOC filed a motion asking the court to throw out the… Continue Reading

Court won’t block EEOC’s wellness rules — for now.

Posted in Americans with Disabilities Act, Benefits, Genetic Information Non-Discrimination Act, GINA
A federal judge in the District of Columbia has denied the AARP’s request for a preliminary injunction against the wellness rules issued by the Equal Employment Opportunity Commission last May. As a result, the EEOC rules — which establish when participation in an employer-sponsored wellness program is “voluntary” within the meaning of the Americans with… Continue Reading

What is “voluntary”? Thoughts about the AARP wellness lawsuit against the EEOC

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA, HIPAA Privacy
The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who’ve been sued recently in an effort to stop their regulations from taking effect. We have the two lawsuits against the U.S. Department of Labor challenging the overtime rule that is scheduled to take effect on December 1 (argument in those… Continue Reading

Workplace investigations and the case of the planted peanut butter

Posted in Americans with Disabilities Act, Discrimination, Harassment
I’m a week late with this follow-up. (Sorry.) Two weeks ago, I posted about an employee (fictionally named “Zoey”) who had a peanut allergy. After she asked a peanut-butter-loving co-worker (“Addison”) to be considerate, Zoey found a big glob of peanut butter smeared under her desk, which caused her to get sick. Addison denied being responsible. To… Continue Reading

Peanut passions, the ADA, and co-workers who take an employee’s allergy with a grain of salt

Posted in Americans with Disabilities Act, Discrimination, Harassment
Karla Miller of the “WorkAdvice” column in the Washington Post had a doozy last week. I’m going to assume that all the people involved in this story are female. I’m probably wrong, but that will allow me to make up fake names for them. PEANUT BUTTER PASSION The letter writer (let’s call her Zoey), had a peanut allergy… Continue Reading

EEOC issues wellness disclosure form, Q and A

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
The Equal Employment Opportunity Commission has issued a sample “wellness notice” that employers can give to employees before they are asked to provide medical information in connection with wellness-related health risk assessments or biometric screenings. The notice provides information about employees’ rights, and will be required in some form for all wellness plan years that begin… Continue Reading

School’s out! So what’s with this summer employment law quiz?

Posted in Americans with Disabilities Act, Discrimination, Gender Identity Discrimination
No more pencils, no more books, no more teacher’s dirty looks . . . except for one little quiz on employment law issues that come up during the summer. Don’t worry about your score – I’m told that Teacher already has her flip-flops packed and is on her way to Cancun. No. 1. You are the office… Continue Reading

Military employment rights: A recap for the Memorial Day weekend

Posted in Americans with Disabilities Act, Family and Medical Leave Act, Military, USERRA
In honor of Memorial Day weekend, here’s a summary of the rights of employees who take leaves of absence to serve our country, and their family members. USERRA The Uniformed Services Employment and Reemployment Rights Act of 1994 protects employees who leave their jobs to serve in various military capacities. Five year (or more) rule. An… Continue Reading

Too many RULES, man!

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA, Only in California, Wage-Hour
“Do this, don’t do that, can’t you read the rules . . .”* Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act. Ellen Kearns, co-chair of our Wage and Hour Practice Group, wrote a great Client Bulletin… Continue Reading

Legal, or Illegal? Employee leaves of absence and the ADA

Posted in Americans with Disabilities Act, Discrimination, Family and Medical Leave Act
The Equal Employment Opportunity Commission came out this week with a fact sheet dealing with leaves of absence and the Americans with Disabilities Act. First, I say kudos to the EEOC for again providing good, readable, not-overly-technical “preventive” guidance for employers. Second, let’s see what you know about the EEOC’s position on leaves and the… Continue Reading

Is obesity a “per se” disability? One court says no.

Posted in Americans with Disabilities Act, Discrimination
A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a “disability” within the meaning of the Americans with Disabilities Act — even as amended in 2009 — unless the condition was caused by some underlying physiological disorder. In addition, if the individual develops a medical condition… Continue Reading