Disabilities: Individualized Assessments Are a Must under ADA
By Kathy Kreps, JD, Porter Wright Morris & Arthur LLP
Tag: ADA
EEOC’s new wellness program rules give employers more to consider
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 […]
Are Temporary Medical Conditions Considered Disabilities?
By Troy D. Thompson, JD, Axley Brynelson, LLP
Conflicting Perceptions about Disabilities, Inclusion Plague Workplaces
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.
Ask the Expert: Mandatory Physical for Health Coverage?
Can an employer require an annual physical in order to sign up for the employer-sponsored health plan?
ADA: Nebraska Supreme Court Adopts Standard for Employee FFD Exams
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 […]
Court Issues Guidance to Employers Facing ADA ‘Regarded As’ Claims
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).
Driver’s ADA Claim Hits a Red Light
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.
FMLA and ADA Interplay Quiz: Benefits Coverage for Employee on Unpaid Leave
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.
Disabilities: Employers Must Listen Carefully to Requests for Accommodations
By Teresa Shulda, JD Sometimes it seems obvious that certain jobs require certain abilities. For example, pilots must have good vision to fly planes. And firefighters must be physically able to rescue people from burning buildings. But with other jobs, the job qualifications aren’t so obvious. That means the interactive dialogue between employers and employees […]