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Reasonable accommodations are an integral part of the Americans with Disabilities Act (ADA). Employers are required to provide reasonable accommodations to any disabled employee or applicant—and the standard of what constitutes “reasonable” is quite broad. Essentially, an accommodation must be provided as long as one exists that does not constitute an undue hardship on the […]
By Kathy Kreps, JD, Porter Wright Morris & Arthur LLP
Employers are getting a look at new final rules affecting how they structure wellness programs, rules that are meant to clear up conflicts among various federal laws but that also may make administration of wellness programs more challenging. The Equal Employment Opportunity Commission’s (EEOC) new rules describe how the Americans with Disabilities Act (ADA) and […]
By Troy D. Thompson, JD, Axley Brynelson, LLP
Results of a new survey by The Hartford show a gap between what Americans say about themselves, and what they think about others, when it comes to disabilities in their workplace.
Can an employer require an annual physical in order to sign up for the employer-sponsored health plan?
By Bonnie M. Boryca, JD Some jobs require employees to be able to perform particular physical tasks. An employer may require applicants for those jobs to submit to a medical exam before beginning work. In certain circumstances, you may even require a current employee to submit to a medical or “fitness-for-duty” (FFD) exam to ensure […]
By Jenie Van Hampton, JD A recent case decided by the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—provides helpful guidance for addressing “regarded as” disabled claims brought under the Americans with Disabilities Act (ADA).
By Gregory J. Wartman, JD A Pennsylvania federal court recently considered an employee’s Americans with Disabilities Act (ADA) claims for disparate treatment, harassment and retaliation.
Although the legal requirements of the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) are similar in some regards, at times an employer may find that the requirements of one law contradict the other. In these cases, it is important to know which law takes precedence, or “trumps,” the other.