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Did you know that the American Association of Retired Persons (AARP) has initiated a lawsuit against the Equal Employment Opportunity Commission (EEOC)? If you’re not already in the know about this, it may seem like an unlikely event, given that the two organizations are typically on the same side in matters related to employee rights. […]
In hearing a recent federal challenge to an employer’s wellness incentive program, a court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply. However, the court dismissed the U.S. Equal Employment Opportunity Commission’s (EEOC) claim that Orion Energy Systems Inc.’s incentive violated the ADA, even though […]
Employers continue to face both federal charges and private lawsuits over policies that require workers to be fully healed from injuries before returning to work. According to the U.S. Equal Employment Opportunity Commission (EEOC), this means employers aren’t aware of their accommodation responsibilities under the Americans with Disabilities Act (ADA).
Usually, an employee bears responsibility for informing her employer that she requires a workplace accommodation. But sometimes, when an employer is aware that the worker needs assistance, it must accommodate even if the employee never asks for help.
by Zachary Morahan and Shannon Kane, Coughlin & Gerhart, LLP To be eligible for Social Security disability (SSD) benefits, an individual must be unable to perform “past relevant work.” To be eligible to sue for disability discrimination under the Americans with Disabilities Act (ADA, an individual must be able to perform the essential functions of […]
We recently looked at some issues that arise when the Americans with Disabilities Act (ADA) and leave laws overlap (see ADA Leave Issues: Attendance Bonuses, COBRA, and More). Today, we’ll address some common misconceptions about the law.
The U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently affirmed a grant of summary judgment (dismissal without a trial) in favor of a city that fired an employee for refusing to undergo a medical examination as a condition of returning to work after medical leave. Facts
Question: We have an employee who is currently on FMLA leave, has a brain tumor, and has been cleared by her doctor to work part time. can we ask the employee to sign a waiver in case anything happens to her while at work?
Yesterday we looked at some of the HR concerns that employees with diabetes in the workplace present. Today we cover more on that topic.
The CDC estimates that approximately 9.3% of the U.S. population has diabetes (as of 2014)[i]. This equates to nearly 30 million people and clearly is something that will affect most employers. An individual with diabetes is at higher risk for blindness, kidney failure, heart disease, stroke, and more[ii].