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Huge Win for Employer Wellness Plans!!

Employers who use financial incentives to motivate employees to complete health risk appraisals as part of their group health plans can breathe a little easier.  Relying on the ADA’s "safe harbor" for insurance practices, a Florida federal district court has rejected a class action lawsuit challenging Broward County’s use of a $20 surcharge to motivate completion of a health … Continue reading Huge Win for Employer Wellness Plans!!
April 12, 2011

Lights Out on Broadway; Court Extinguishes FMLA Retaliation Claim

'attendance' 'discipline' 'legitimate non-discriminatory reason' 'retaliation'
April 7, 2011

6th Circuit Rejects Claim that Doctor’s Note Requirement is an Unlawful Disability Inquiry; Distinguishes “Nature of the Illness” from “General Diagnosis

Nuance is important in legal analysis. A recent 6th Circuit case dealing with employer policies requiring an employee returning from sick leave to provide a doctor’s note illustrates the point.   In Lee v. The City of Columbus, the 6th Circuit held that the Columbus Police Department’s requirement that the doctor’s note include the “the nature … Continue reading 6th Circuit Rejects Claim that Doctor’s Note Requirement is an Unlawful Disability Inquiry; Distinguishes “Nature of the Illness” from “General Diagnosis
March 27, 2011

ADAAA Final Regulations Have Arrived!

The EEOC has released an unofficial version of the much-awaited Final Regulations implementing the ADA Amendments Act (ADAAA). The official version, published in the Federal Register, will be released tomorrow. The Final Regulations become effective 60 days from March 25, 2011, the day they will be published in the Federal Register, The EEOC also has … Continue reading ADAAA Final Regulations Have Arrived!
March 24, 2011

188 Reasons for Municipalities to Take the ADA Very Seriously

'Title II' 'access' 'web services' 'website' 'project civil access'
March 3, 2011

Court Hangs Up on FMLA Claim of Employee Who Did Not Respond to Supervisor’s Fifteen Calls

'care for' 'request for FMLA leave' 'duty to make further inquiry'
February 19, 2011

Chillin’ with the FMLA: Supervisor’s Weekly Phone Calls To Employee During Leave May Have Interfered with FMLA Rights

'FMLA interference' 'interference' 'supervisory's phone calls' 'chill'
February 19, 2011

Who Cares? And Who Merely Assists Under the FMLA?

Who cares…..for a covered family member under the FMLA as opposed to merely providing much appreciated assistance? The distinction is critical because absences “to care for” are protected by the FMLA while absences to assist are likely not. Recall our recent post about an employee who took the day off to clean his mother’s flooded … Continue reading Who Cares? And Who Merely Assists Under the FMLA?
January 29, 2011

EEOC Reports Record Number of Discrimination Charges; ADA Charges Are Fastest Growing Category

The EEOC reported a record number of private sector discrimination charges filed in FY 2010, nearly reaching the 100,000 mark.  99,922 charges were filed in FY 2010, an increase of 6,645 (7%) from FY 2009. The most frequently filed charges were retaliation (36%), race discrimination (35.9%), and sex discrimination (29.1%). Disability discrimination charges increased more … Continue reading EEOC Reports Record Number of Discrimination Charges; ADA Charges Are Fastest Growing Category
January 12, 2011

Excusing Absences as a Reasonable Accommodation–Part 2

 The "law" or "lore" requiring employers to accommodate employees by excusing absence has reshaped employer attendance and productivity expectations.  Some say the law, as interpreted by the Equal Employment Opportunity Commission, goes too far and creates an elusive and unworkable standard for managing employee attendance and productivity.  To assist our clients and contacts in separating … Continue reading Excusing Absences as a Reasonable Accommodation–Part 2
January 2, 2011

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