EEOC Wellness Regs Survive Injunction Request
The U.S. Equal Employment Opportunity Commission’s (EEOC) regulations on wellness programs took effect January 1, as planned, despite a last-minute attempt to halt them in court.
Tag: EEOC
Transgender Ohio Employee Sues Over Lack of Coverage for Sex Reassignment Surgery
by Jourdan Day The U.S. District Court for the Southern District of Ohio will decide whether an employer’s and its insurer’s denial of coverage for an employee’s sex reassignment surgery constitutes sex discrimination in violation of Title VII.
Employer Fails to Accommodate Temporarily Disabled Nurse
by Maggie Spell LeBato A recent decision by the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—offers a reminder about your obligation to provide a reasonable accommodation for an employee with a disability if it will permit her to perform the job. The ruling is also a reminder of what it takes […]
Lifting Restriction Dooms Hawaii Employee’s Disability Bias Claim
by Amanda M. Jones Disability discrimination claims are increasing in Hawaii. Case in point: A Hawaii employee sued his employer for disability discrimination even though the employer provided a year’s worth of medical leave and agreed to transfer the employee to a different position to accommodate his heavy lifting restriction. A Hawaii judge recently dismissed […]
Does the ADA Require Noncompetitive Transfers? Courts Remain Split
The question of whether the Americans with Disabilities Act (ADA) requires noncompetitive transfers as an accommodation has long divided the federal courts of appeal. And until the U.S. Supreme Court answers the question, employers are left with a mix of conflicting court rulings and federal guidance.
EEOC Slows Enforcement, But Makes Headway on Backlog
Preliminary data from the U.S. Equal Employment Opportunity Commission (EEOC) shows that in Fiscal Year 2016, it filed fewer lawsuits and resolved fewer claims outside of court than it has in recent years, despite an increase in charges filed. Employers also paid less monetary relief.
Court Considers EEOC Claims that Wellness Program Was Involuntary, Employee Fired for Nonparticipation
In EEOC v. Orion Energy Systems, Inc., a federal district court considered a challenge to an employer’s wellness incentive program. As explained in part 1 of this article, the court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply.
Wellness Lawsuit AARP Versus EEOC: A Quick Recap
Did you know that the American Association of Retired Persons (AARP) has initiated a lawsuit against the Equal Employment Opportunity Commission (EEOC)? If you’re not already in the know about this, it may seem like an unlikely event, given that the two organizations are typically on the same side in matters related to employee rights. […]
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).