News & Analysis as of

Americans with Disabilities Act Discrimination Genetic Information Nondiscrimination Act

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -

House Bill Would Allow Employers to Require and Access Genetic Testing Results

House bill HR 1313, introduced by Representative Virginia Foxx (R.N.C.), proposes to allow companies to require employees to undergo genetic testing, then allow employers to see the results, and impose financial penalties on...more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Workplace Policy Institute Insider Report - January 2017

by Littler on

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

UPDATE: District Court Denies Preliminary Injunction in AARP Suit to Block Final Rules on Employee Wellness Programs

The U.S. District Court for the District of Columbia (Judge Bates) has denied AARP’s request to block the implementation of the EEOC’s final wellness regulations pending a decision on the merits. As we have discussed...more

Use of Big Data Has Implications for Equal Employment Opportunity, Panel Tells EEOC

Public Commission Meeting Hears from Experts on Growing Use of Algorithms to Make Employment Decisions - WASHINGTON - Big Data-the use of algorithms, "data scraping" of the internet, and other means of evaluating tens...more

District Court Decision Upholds Employer’s Wellness Program But Signals Support for EEOC Positions Going Forward

In EEOC v. Orion Energy Systems, Inc., the Eastern District of Wisconsin rejected the EEOC’s claims that Orion Energy’s wellness program violated the Americans with Disabilities Act (“ADA”). Although the court upheld the...more

The EEOC's View of Wellness Programs

by Pepper Hamilton LLP on

The EEOC’s regulations allayed many concerns over the permissible level of incentives/penalties, as well as the challenge of dealing with inconsistent requirements under the various laws. Originally published in The HR...more

EEOC Increases Penalty for Violating Notice Posting Requirements by 150 Percent

by FordHarrison on

The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per...more

Double Trouble: EEOC Increases Penalty for Posting Violations

by Akerman LLP - HR Defense on

Employers might want to wander right now into their office break rooms to review the legal rights posters on display to be sure they are current and accessible. Failure to comply with posting requirements will cost employers...more

EEOC Revela Datos de Aplicación y Litigio Para el Año Fiscal 2015

Represalias, Discriminación Racial y el Acoso Persisten; Quejas de Discapacidad Aumentan - WASHINGTON - La Comisión para la Igualdad de Oportunidades en el Empleo de los EE.UU. (EEOC) reveló hoy un desglose detallado de...more

UPDATE – What's On the Horizon for Employer-Sponsored Wellness Programs and the EEOC in 2016?

by Baker Donelson on

In this December 18, 2015, article, we discussed employer-sponsored wellness programs and the EEOC's apparent apprehension of them. The article referenced the EEOC's lawsuit against plastics manufacturer Flambeau, Inc. in...more

“Make It a Triple”: EEOC Supersizes Wellness Program Rules, Again

by Balch & Bingham LLP on

In June 2013, DOL, HHS and IRS explained that they view employer-sponsored wellness programs as narrow exceptions to the ACA’s health status discrimination prohibition. Early this year, the EEOC slathered-on its own rules,...more

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately PPT Presentation

by Pepper Hamilton LLP on

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately

by Pepper Hamilton LLP on

A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more

WANTED: EEOC Guidance On Wellness Plans Under The ACA

by Hirschfeld Kraemer LLP on

Employee wellness plans have been in the spotlight lately. This is because new wellness plan rules published in the Patient Protection and the Affordable Care Act (informally called Obamacare) are slated to take effect in...more

EEOC Sues Abatti Group for Disability, Genetic Information Discrimination

Agricultural Firm Required Illegal Medical Exams & Family Medical History Inquiries, Denying a Job to an Applicant Thought to be Disabled, Federal Agency Charges - EL CENTRO, Calif. -The Abatti Group and its...more

EEOC Attacks Post-Offer Medical Exams in GINA Lawsuits

by Sherman & Howard L.L.C. on

The EEOC filed in May its first ever lawsuits alleging violations of the Genetic Information Nondiscrimination Act (GINA), both of which alleged that the employer violated GINA by including questions about family medical...more

Labor & Employment E-Note - June 13, 2013

by Burr & Forman on

In This Issue: - Supreme Court May Hear Case of Union Picketers on Private Property - Republicans Prepare for Fight Over Immigration Legislation - E-Verify System Could be Harming Some Legal Workers - Study...more

Rise of the Genome

We pack tons of personal and sensitive information in our DNA. While the human genome has been mapped for a decade, legal issues of genetic privacy are just beginning to rise. Earlier this month, the U.S. Supreme Court...more

EEOC Files Class Genetic Information Discrimination Suit Against Corning Rehab Center

Founders Pavilion Violated Federal Law by Asking for Genetic Information From Applicants and Employees, Federal Agency Charges - NEW YORK - The Founders Pavilion, Inc., a Corning, N.Y., nursing and rehabilitation...more

Employer Wellness Programs Need Guidance to Avoid Discrimination

Panel of Experts Tells EEOC of Need to Clarify Interplay Between Programs, Anti-Discrimination Laws - WASHINGTON-Wellness programs are an increasingly common feature of employee benefits programs, and guidance is...more

Restaurant Industry Newsletter - April 2013: Help! I just received a Charge of Discrimination from the EEOC. What is it, and what...

by FordHarrison on

If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed. ...more

Are You Considering Conditioning A Job Offer On An Agreement That The Applicant's Disabled Dependent Won't Enroll In The Health...

by Akerman LLP - HR Defense on

Traditional employment laws often interact with traditional employee benefit laws. One such example is the Americans with Disabilities Act (ADA)'s impact on employer-sponsored group health plans. As group health plan costs...more

Recordkeeping Part I

by Gray Reed & McGraw on

Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...more

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