Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

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Latest Posts › ADA


The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness...more

11/25/2015 - ADA Affordable Care Act EEOC GINA HIPAA Wellness Programs

Six Quick Takes On The EEOC’s New Wellness Proposal

Last week, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. In April, the EEOC issued a proposed rule on employer wellness...more

11/6/2015 - ADA Corporate Counsel EEOC Employer Group Health Plans GINA Wellness Programs Young Lawyers

Straight From The Source: EEOC’s 10 Hottest Litigation Trends

Last week I heard David Lopez, General Counsel of the Equal Employment Opportunity Commission, speak about EEOC litigation developments at the annual North Carolina/South Carolina Labor and Employment Law conference....more

10/30/2015 - ADA Background Checks Conciliation Criminal Background Checks EEOC Employer Liability Issues Harassment Hiring & Firing Immigrants LGBT Pregnancy Discrimination Reasonable Accommodation Retaliation Sex Discrimination

BREAKING: EEOC Issues Proposed Rule On Wellness Programs And The GINA

The proposed rule clarifies that an employer may offer, as a part of its health plan, a limited incentive to an employee whose spouse is covered under the employee’s health plan; receives health or genetic services offered by...more

10/30/2015 - ADA EEOC Employer Group Health Plans GINA Spouses Wellness Programs

Performance Reviews For Marriages: What Could Go Wrong?

Marriage therapists are now advocating the use of “performance reviews” by spouses, according to an article in Monday’s Wall Street Journal. “By taking time to regularly evaluate and review their relationship together,”...more

10/9/2015 - ADA EEOC Employer Liability Issues Fair Pay Act Human Resources Professionals Marriage Performance Reviews Pregnancy Discrimination

Double Whammy For Employer Who Won’t Accommodate Pregnancy — But Will The EEOC’s Case Survive?

The Equal Employment Opportunity Commission filed suit last week in a federal court in Pennsylvania against Landis Communities (retirement communities), claiming that Landis unlawfully refused to accommodate the pregnancy and...more

9/30/2015 - ADA ADAAA EEOC Employer Liability Issues Enforcement Actions Hiring & Firing Medical Leave Pregnancy Discrimination Reasonable Accommodation Screening Procedures Young v United Parcel Service

Six Things About The ADA That Even An Employer Can Love.

When President George H.W. Bush signed you into law in 1990, I had been practicing employment law for less than two years, so I feel like you and I grew up together....more

7/31/2015 - ADA Disabilities Disability Discrimination Pregnancy Discrimination Reasonable Accommodation Undue Hardship Young Lawyers

This Week In Employment Law, With A Lick And A Promise

It’s been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify....more

7/13/2015 - ADA Facebook FMLA Free Speech Human Resources Professionals Obergefell v. Hodges Reasonable Accommodation Religious Discrimination Retaliation Same-Sex Marriage

EEOC Proposed Rule on Wellness and the Americans with Disabilities Act – What Employers Need to Know

The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect...more

5/1/2015 - ADA Affordable Care Act Corporate Counsel EEOC Employer Group Health Plans Employer Liability Issues HIPAA Proposed Regulation Wellness Programs

Hey – That EEOC Wellness Rule Isn’t Half Bad

Is the proposed rule good for employers, or bad? Pretty good overall. The EEOC has, for the most part, proposed that providing “incentives” for employees to participate in wellness programs (both rewards and penalties, which...more

4/27/2015 - ADA Affordable Care Act Corporate Counsel EEOC Employer Group Health Plans Health Insurance HIPAA Popular Proposed Regulation Wellness Programs

Is Telecommuting A Reasonable Accommodation, Or Is It Not?

In the context of a lawsuit brought under the Americans with Disabilities Act, a recent court decision says that “regular attendance” is an essential function of the job. But what is “regular attendance”?...more

4/17/2015 - ADA Attendance Corporate Counsel EEOC Enforcement Actions Essential Functions Ford Motor Reasonable Accommodation Telecommuting

Pregnancy Accommodation FAQs For Employers

What do employers need to know about the Supreme Court’s pregnancy accommodation decision last week in Young v. United Parcel Service?...more

4/3/2015 - ADA Disparate Treatment EEOC Employer Liability Issues PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Pregnancy: Employers’ newest “accommodation obligation”

A divided U.S. Supreme Court decided last week that employers covered by the Pregnancy Discrimination Act (part of Title VII) may be required to make reasonable accommodations for work restrictions caused by pregnancy and...more

4/1/2015 - ADA Disparate Treatment EEOC Enforcement Guidance Essential Functions PDA Pregnancy Discrimination Reasonable Accommodation SCOTUS Young v United Parcel Service

Hang Tight, Employers — EEOC’s Proposed Wellness Rule Is At The OMB

The EEOC’s much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way....more

3/24/2015 - ADA EEOC GINA Proposed Regulation Wellness Programs

What’s Your Workplace Retaliation IQ?

It’s been a while since we’ve had an employment law quiz, so let’s do it! This one is on retaliation. As always, the answers will be provided after each question — you have our “no-pressure” guarantee....more

3/16/2015 - ADA Adverse Employment Action Burden of Proof Discrimination EEOC Free Speech NLRA Protected Concerted Activity Race Discrimination Retaliation Reverse Discrimination Title VII

“State Of The Union” On Substance Abuse And The Workplace

Where are we these days with respect to mind-altering substances and the workplace? Here’s the latest, with the “substances” discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five...more

3/6/2015 - ADA Drug & Alcohol Abuse E-Cigarettes Illegal Drugs Marijuana Medical Marijuana Reasonable Accommodation Tobacco Workplace Safety

Christmas Won’t Be Merry For These Employers!

Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas! ...more

12/22/2014 - ADA Adverse Employment Action Breach of Contract Discrimination Employer Liability Issues Harassment PDA Retaliation Wage and Hour

Employment Law Advice You Should Never Follow

This is terrible advice on so many levels. First, an employee who doesn’t have even the relatively minimal income provided by unemployment is going to be that much more likely to sue you — as a matter of financial survival,...more

12/15/2014 - ADA Discipline Disparate Treatment Employer Liability Issues Reasonable Accommodation Title VII Unemployment Benefits Zero Tolerance Policies

5 Legal Traps For The Wariest Employer

You’re an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers...more

12/8/2014 - ADA Corporate Counsel Employer Liability Issues Federal Contractors FMLA Protected Concerted Activity Retaliation Right to Work Wage and Hour

EEOC Promises Guidance On Wellness Programs In February

Good news! The Equal Employment Opportunity Commission recently announced in its 2015 regulatory agenda that it will be issuing proposed regulations on the impact of the Americans with Disabilities Act and the Genetic...more

12/1/2014 - ADA Corporate Counsel EEOC Employer Liability Issues GINA New Guidance Popular Wellness Programs

An Employer Should Never Ask About Disability Or Religion. Except When It Should.

Everybody knows that an employer should never, ever, ever ask an applicant about religion or disability until after a conditional offer of employment has been made. And maybe not even then. Right?...more

10/6/2014 - Abercrombie & Fitch ADA Disability Discrimination Discrimination EEOC Employer Liability Issues Hiring & Firing Job Applicants Religious Discrimination SCOTUS Screening Procedures

Employment Law Quiz: You Be The Judge!

Susan and her husband, who are white, are cleaning out their attic one weekend. They come across some quaint old clothes and sepia-tinted pictures, and among the treasures Susan finds an old yellowed ticket from 1920 to an...more

9/26/2014 - ADA Disability EEOC Employee Rights Employer Liability Issues Young Lawyers

The EEOC has been a busy bee this week. (It stings!)

The Equal Employment Opportunity Commission has been on a tear recently, suing employers right and left, and getting some “wins” including a couple of big settlements . . ....more

9/22/2014 - ADA Compliance Disability Disability Discrimination EEOC Employee Rights GINA Sexual Harassment

BREAKING: 6th Circuit Will Rehear Ford Telecommuting/Reasonable Accommodation Case

Law 360 reports this morning that the U.S. Court of Appeals for the Sixth Circuit has agreed to rehear the EEOC v. Ford Motor Co. case, which I reported on (and disagreed with) in April. The original decision, holding that...more

9/3/2014 - ADA Appeals EEOC Employer Liability Issues En Banc Review Ford Motor Popular Reasonable Accommodation Telecommuting

Sexy ADA Issue: Bad Breakup May Not Justify Employer-Mandated Medical Exam

Rarely does one get a case that involves a cutting-edge Americans with Disabilities Act issue combined with wild, crazy, passionate, irrationally exuberant, tempestuous, adulterous romance. Well, folks, today is your lucky...more

8/22/2014 - ADA Appeals Corporate Counsel Employer Liability Issues Medical Examinations

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