When encouraging employees to wash their hands is not enough!
As the COVID-19 virus spreads rapidly throughout the world, and the possibility of a pandemic declaration inches closer each day, much of the advice to employers so far has focused on generic “good hygiene” recommendations from health departments.This advice is of limited utility for employers
The Seventh Circuit significantly narrowed the EEOC’s broad interpretation of the American with Disabilities Act (ADA) last month. The court held that the ADA does not cover discrimination based on a future impairment.
The Seventh Circuit determined that the “regarded as having” prong of the ADA does not extend to applicants who are rejected due to an employer’s concerns about future disabilities. Shell v. Burlington N. Santa Fe Ry Co. The Seventh Circuit joins the Eighth, Ninth, Tenth, and Eleventh Circuits in holding that the present tense “having” in the ADA does not include the future tense “will have.” The facts here involved an obese applicant, and not an applicant with an existing predisposition, so its practical impact may be narrower than at first blush.Continue Reading From The Seventh Circuit: Future Disabilities Not Protected Under The ADA
Last Wednesday, the United States Court of Appeals for the Seventh Circuit held that the Americans With Disabilities Act (“ADA”) does not require employers to provide additional unpaid leave as an accommodation to employees who have expended their Family and Medical Leave Act (“FMLA”) leave. Although the Seventh Circuit’s ruling upheld its prior decision in Byrne v. Avon Productions Inc., the decision is significant because it directly contradicts the Equal Employment Opportunity Commission (“EEOC”)’s position that granting additional, long-term unpaid leave to employees is a reasonable accommodation under the ADA.
Continue Reading Seventh Circuit Holds that the ADA Does Not Require Additional Unpaid Leave After FMLA Leave Is Exhausted
The days of the “one size fits all” job application may soon be coming to an end. As federal, state, and local governments increasingly heighten employer hiring process requirements, national employers must be diligent to avoid getting tripped up by the varying rules across different locations. This post will discuss three hiring requirements that are increasingly leaving companies exposed to risk.
Continue Reading Does Your Job Application Need a Check-Up? Three Costly Compliance Blunders to Avoid
On May 16, 2016, the EEOC issued two final rules that describe how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to corporate wellness programs offered by employers. These two rules address incentives that employers may offer, as well as related confidentiality issues. How healthy is your company’s wellness program in light of these new rules?
Continue Reading Does Your Corporate Wellness Program Need a Check-Up: EEOC Issues Two New Final Rules
It’s a new year, and some of your employees may have resolved to lose weight, eat more healthfully, or even give up smoking in 2016. But employees aren’t the only ones interested in their own health and wellness. Corporate wellness programs can be an effective way for employers to encourage healthy behavior from their workforce while saving costs on health care premiums.
Continue Reading Corporate Wellness Programs: How Far Can Employers Go to Make Employees Healthy?
