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The Equal Employment Opportunity Commission (EEOC) has voted to approve a Notice of Proposed Rulemaking (NPRM) that would revise its Americans with Disabilities Act (ADA) regulations to comply with the ADA Amendments Act (ADAAA), which was passed late last year and went into effect January 1, 2009. The ADAAA and the proposed rule make it […]
by Brian Burbrink In September 2008, the ADA Amendments Act of 2008 (ADAAA) was passed with the intent of broadening the meaning of the term “disability” and expanding coverage under the Americans with Disabilities Act (ADA) to a larger percentage of the workforce. The ADAAA retained the core definition of “disability” (defined, in part, as […]
by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]
A swine flu pandemic was a no-show this past spring, but there’s no guarantee it won’t come roaring back when the regular flu season gets under way this fall. Swine flu (also called the H1N1 virus) should be taken seriously because this particular strain hasn’t been seen before, so people haven’t built up natural immunity. […]
by Susan Fahey Desmond In addressing the ever increasing costs of health care in the United States, Congress is looking at options that would theoretically make health insurance more affordable to Americans. The task of making health insurance more affordable to all is monumental. President Obama has said, “There’s no quick fix; there’s no silver […]
The U.S. Equal Employment Opportunity Commission (EEOC) is moving forward with new regulations that will make it much easier for employees claiming protection under the Americans with Disabilities Act (ADA) to establish that they have a covered disability. At a public meeting in June, the EEOC voted 2-1 to approve draft changes to the existing […]
by Amy M. McLaughlin In its year-end statistics, the Equal Employment Opportunity Commission (EEOC) reported that 75,768 discrimination charges were filed against private-sector employers in 2006. That was the first increase in charge filings in four years. By 2008, the total number of charges filed with the EEOC had jumped 25% to 95,402. With workplace […]
Training your workforce from top to bottom is important so that everyone has a clear understanding of your company’s commitment to providing a fair and productive environment for all employees. And while it’s true that we can explain the various employment laws and reiterate that they require compliance from all of your employees (and that […]
(Updated June 17, 2009) The U.S. Equal Employment Opportunity Commission (EEOC) voted Wednesday (June 17) to move forward with revising its regulations to conform to changes made by the ADA Amendments Act of 2008 (ADAAA), which would make it easier for an individual seeking protection under the ADA to establish that he or she has a […]
As a result of the recent economic crisis, many employers have been faced with the unpleasant task of laying off workers. But what happens when one of those employees is disabled? We recently received a question addressing that very issue. The situation involved a severely disabled part-time worker who was hired to stuff envelopes as […]