Tag: ADA

wellness

Court Declines to Apply ADA’s Benefits Safe Harbor to Employer’s Wellness Incentive

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 Lawsuits Over 100%-Healed Policies

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).

2nd Circuit Scrutinizes Worker’s Inconsistent Claims About His Disability

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 […]

ADA Implementation: Common Misconceptions

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.

Michigan

Refusal to Undergo Medical Exam Tanks Michigan Worker’s ADA Claim

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

Diabetes at Work: Why Should Employers Care?

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].