Robin E. Shea

Robin E. Shea

Constangy, Brooks, Smith & Prophete, LLP

Contact  |  View Bio  |  RSS

Latest Posts › ADA

Share:

What is “voluntary”? Thoughts about the AARP wellness lawsuit against the EEOC

The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who’ve been sued recently in an effort to stop their regulations from taking effect. We have the two lawsuits against the...more

10/28/2016 - AARP ADA Affordable Care Act EEOC Employer Group Health Plans GINA Wellness Programs

Workplace Investigations And The Case Of The Planted Peanut Butter

I’m a week late with this follow-up. (Sorry.) - Two weeks ago, I posted about an employee (fictionally named “Zoey”) who had a peanut allergy. After she asked a peanut-butter-loving co-worker (“Addison”) to be...more

10/21/2016 - ADA Food Allergies Harassment Investigations

Peanut Passions, The ADA, And Co-Workers Who Take An Employee’s Allergy With A Grain Of Salt

Karla Miller of the “WorkAdvice” column in the Washington Post had a doozy last week. I’m going to assume that all the people involved in this story are female. I’m probably wrong, but that will allow me to make up fake...more

10/7/2016 - ADA Disability Food Allergies Hiring & Firing Reasonable Accommodation

EEOC Issues Wellness Disclosure Form, Q And A

The Equal Employment Opportunity Commission has issued a sample “wellness notice” that employers can give to employees before they are asked to provide medical information in connection with wellness-related health risk...more

7/14/2016 - ADA EEOC GINA Wellness Programs

Military Employment Rights: A Recap For The Memorial Day Weekend

In honor of Memorial Day weekend, here’s a summary of the rights of employees who take leaves of absence to serve our country, and their family members. USERRA - The Uniformed Services Employment and Reemployment...more

5/27/2016 - ADA FMLA Leave of Absence Reasonable Accommodation Uniformed Services Employment and Reemployment Rights Act (USSERA)

Too Many RULES, Man!

“Do this, don’t do that, can’t you read the rules . . .”* Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor...more

5/20/2016 - ADA Affordable Care Act DOL EEOC Electronic Filing Final Rules FLSA GINA HIPAA OSHA Wage and Hour Wellness Programs White-Collar Exemptions Workplace Injury

Wellness Programs, and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act: The final chapter

On May 17, 2016, the Equal Employment Opportunity Commission issued its final rules on wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The ADA rule applies to...more

5/18/2016 - ADA Affordable Care Act Corporate Counsel EEOC Employer Group Health Plans GINA HIPAA Popular Wellness Programs

EEOC issues final rules on wellness programs and ADA, GINA

The U.S. Equal Employment Opportunity Commission released today its final rules governing wellness programs and how wellness incentives mesh with the restrictions in the Americans with Disabilities Act and the Genetic...more

5/17/2016 - ADA EEOC Final Rules GINA Wellness Programs

Legal, Or Illegal? Employee Leaves Of Absence And The ADA

The Equal Employment Opportunity Commission came out this week with a fact sheet dealing with leaves of absence and the Americans with Disabilities Act. First, I say kudos to the EEOC for again providing good, readable,...more

5/13/2016 - ADA EEOC FMLA Leave of Absence Undue Hardship

Is Obesity A “Per Se” Disability? One Court Says No.

A panel of the U.S. Court of Appeals for the Eighth Circuit ruled this week that obesity is not a “disability” within the meaning of the Americans with Disabilities Act — even as amended in 2009 — unless the condition was...more

4/8/2016 - ADA EEOC Hiring & Firing Obesity Weight Discrimination

Is Driving An “Essential Function Of The Job” For Your Road Warriors?

If your employee isn’t a professional driver but spends a lot of time on the road, how “essential” a job function is driving for ADA purposes? Is driving “essential” at all? In what I consider to be a very significant...more

3/18/2016 - ADA Corporate Counsel EEOC Essential Functions Pfizer Reasonable Accommodation

Trojan Travails: Coach Sarkisian’s Alcoholism-Discrimination Lawsuit Against USC

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California. Actually, I got one email from a reader, who had a better take on...more

12/14/2015 - ADA Coaches Disability Discrimination Drug & Alcohol Abuse FEHA Hiring & Firing Interactive Process Reasonable Accommodation University of Southern California (USC)

EEOC Provides ADA Guidance For Employees’ Doctors

The Equal Employment Opportunity Commission came out this week with some guidance about the rights of individuals with AIDS and HIV. The guidance is unremarkable for anyone who is familiar with the Americans with Disabilities...more

12/4/2015 - ADA EEOC Health Care Providers New Guidance Popular

A Cornucopia Of Wellness Information For Employers!

Earlier this month, I had a relatively short post on the proposed rule on wellness incentives and the Genetic Information Nondiscrimination Act issued by the Equal Employment Opportunity Commission. I also promised a more...more

11/27/2015 - ADA EEOC GINA HIPAA Wellness Programs

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 Popular 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

42 Results
|
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×