Category Archives: Leave and Disability

New ADA Compliance Guidance Covers Cancer, Diabetes, Epilipsy and Intellectual Disabilities

The agency responsible for enforcing the Americans with Disabilities has revised several of its guidance documents to reflect recent changes to the law. The May 15 changes were necessary because of the ADA Amendments Act, which expanded the law’s coverage…

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Employer Will Pay $50,000 to Settle EEOC’s First GINA Lawsuit

An Oklahoma employer will pay $50,000 to settle the first lawsuit the federal government filed to enforce the Genetic Information Nondiscrimination Act. The case, Civil Case No.: 13-CV-248-CVE-PJC, was filed in the U.S. District Court for the Northern District of…

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In ADA Cases, Courts Defer to Employers on Essential Functions

The Americans with Disabilities Act’s employment protections only extend to individuals with disabilities who can perform the essential functions of their jobs. And when it comes to deciding which functions are “essential,” courts continue to defer to employers’ judgment. In…

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EEOC Urged to Align Wellness Standards With HIPAA/ACA Rules

The U.S. Equal Employment Opportunity Commission’s failure thus far to issue clear guidance on permissible wellness incentives threatens to undermine employers’ development of wellness programs at a time when their importance is growing, business groups warned the EEOC at a…

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Reassigning All Duties Is Not a Reasonable Disability Accommodation

While the Americans with Disabilities Act may require an employer to remove marginal job functions as an accommodation for an employee with a disability, it does not require the reassignment of all duties. An employee who can do nothing but…

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ADA Class-Action Certification Denied for Wendy’s Employees

Employees are having a particularly difficult time bringing class action suits that invoke the Americans with Disabilities Act, according to experts, and a recent case involving Wendy’s employees is no exception. The nature of ADA — particularly its individualized analysis…

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Employers Wise to Limit Job-related Calls to Employees on FMLA Leave

Employers need to know what distinguishes a professional courtesy — let’s say having an occasional job-related phone discussion with an employee on leave — from crossing the line and interfering with an employee’s rights under the Family and Medical Leave…

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7 Best Practices in FMLA Intermittent Leave Administration

While small increments of leave time under the Family and Medical Leave Act may cause administrative headaches, there are various tips and strategies on how to contend with time tracking issues and employee abuse of intermittent FMLA leave. The following…

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ADA Compliance Can Entail Accommodating Seasonal Affective Disorder

Under the new, broader definition of “disability” implemented by the Americans with Disabilities Act Amendments Act, employers must be more vigilant than ever in accommodating workers with a wide range of impairments. This includes depression-related conditions such as seasonal affective…

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Employer’s FMLA Notice Requirements Leave Little Room for Guesswork

While HR professionals may sometimes struggle with the murky areas of employment law, in a leave of absence situation, there should be no mistaking some of the more immediate obligations under the Family and Medical Leave Act. Within five business…

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