Tag: ADA

EEOC Claims Reach Record Level, What Employers Can Do

When the economy declines, it’s a safe bet that the number of discrimination claims filed against employers will increase. And as we are currently in the worst economic climate since the Great Depression, employment law attorneys weren’t surprised when the Equal Employment Opportunity Commission (EEOC) reported this week that it received an unprecedented number of […]

Are Your Managers Begging Employees to Sue?

In yesterday’s Daily, we covered the first six of attorney Barbara Meister Cummins’ Top 10 ways managers beg employees to sue. Today, quotes seven through ten, plus we’ll introduce a unique guide for the tricky maze of California leave laws.

Debunking Common FMLA Myths

by Joseph C. Pettygrove The Family and Medical Leave Act (FMLA) was very complicated when it was originally enacted in 1993. The sheer number of complaints filed with the U.S. Department of Labor (DOL) and the courts since then confirms that employers and employees have long disagreed about how the law applies in their individual […]

Must an Employer Grant Permanent Intermittent FMLA Leave?

Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on the  horizon. FMLA Complete Compliance Perception may be reality . . . In February 2007, Charlene Wisbey […]

Health Care Reform Gives Employer Wellness Programs a Boost — But Be Careful

by  Susan Fahey Desmond Well, here it is — the Health Care Reform and Control Act. Beginning January 1, 2014, every individual will be required to have “minimum essential coverage” through individual market, employer-provided or certain other coverage (e.g., Medicare or CHIP).  Also, beginning January 12, 2014, any employer who employed an average of 50 […]

Five Steps to Protect Your Company from Claims under New ADA

by Jonathan R. Mook Even though the Equal Employment Opportunity Commission (EEOC) hasn’t issued final regulations on the ADA Amendments Act (ADAAA) yet, you still must comply with the ADAAA, which took effect at the beginning of last year. In this article, we’re addressing the defense of claims under the new Americans with Disabilities Act […]

Is Obesity a Disability? Fat Chance!

by Gary Jiles Q: Can an employee be fired for being so obese that he can’t do his job? In other words, is obesity a disability protected by law? Americans with Disablities (ADA) Compliance Manual A: The employee must be qualified to do his job or he faces termination. With a few exceptions, the latest […]

At Age 20, ADA Still Hasn’t Fully Matured

Earlier this week, the Americans with Disabilities Act (ADA) passed a major milestone when it turned 20 years old. Like most 20-year-olds, it (1) didn’t get this far without some growing pains and (2) still has a ways to go before reaching full maturity. Let’s take a look back at where the law began, how […]