Americans with Disabilities Act Equal Employment Opportunity Commission

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 -
News & Analysis as of

Graceworks Lutheran Services to Pay $30,660 to Settle EEOC Disability Discrimination Lawsuit

Company Refused to Hire Applicant Because of Her Deafness, Federal Agency Charged - LOUISVILLE, Ky. - Graceworks Lutheran Services, a housing and care service provider located in Dayton, Ohio - with over 1,000 employees...more

S&B Industry to Pay $110,000 to Settle EEOC Disability Discrimination Suit

Fort Worth Cellphone Repair Facility Refused to Hire Two Hearing-Impaired Applicants Because of Their Disability, Federal Agency Charged - DALLAS - A Fort Worth cellphone repair facility has agreed to pay $110,000 and...more

Muskegon Family Care to Pay $21,500 to Settle EEOC Disability Discrimination Lawsuit

Company Fired Employee Because of Medical Hold Due to Medication, Federal Agency Charged - DETROIT - A medical services provider serving the Muskegon region will pay $21,500 and furnish other relief to settle a...more

Seventh Circuit Dismissal Signals Likely End to EEOC's Challenges to Employer-Sponsored Wellness Programs

Several years ago, the Equal Employment Opportunity Commission (EEOC) raised employers’ eyebrows when it filed several lawsuits challenging the validity of employer-sponsored wellness programs. The EEOC contended that such...more

Accommodating Mental Health Conditions – The EEOC's Latest Guidance and Some Practical Tips for Complying with the ADA

Complying with the Americans with Disabilities Act is not an easy task. Even if an employer does the document dance correctly, determining whether an accommodation is reasonable can be a tough call. Reasonable people can...more

Seventh Circuit Dismissal Signals Likely End to EEOC’s Challenges to Employer-Sponsored Wellness Programs

Several years ago, the Equal Employment Opportunity Commission (EEOC) raised employers’ eyebrows when it filed several lawsuits challenging the validity of employer-sponsored wellness programs. The EEOC contended that such...more

A Contingency Plan For A Contingent Workforce: Ensuring Workplace Protections For Staffing Agency Workers

Many companies engage staffing agencies to supply temporary, or even permanent, workers to support their operations. Such arrangements offer a variety of benefits, allowing employers to nimbly adjust the size of their...more

EEOC Explains Workplace Rights For Employees With Mental Health Conditions

Late last year, the Equal Employment Opportunity Commission (EEOC) issued a “resource document” aimed at employees entitled “Depression, PTSD and Other Mental Health Conditions in the Workplace: Your Legal Rights.” While the...more

Recent Court Decision on Wellness Programs Creates More Uncertainty

On January 25, 2017, the U. S. Court of Appeals for the Seventh Circuit issued a decision in the case of Equal Employment Opportunity Commission v. Flambeau, Inc. In Flambeau, the EEOC claimed the employer’s wellness program...more

Anxiety, Absenteeism, and the ADA

As accommodating and flexible as the Americans with Disabilities Act (ADA) compels employers to be, the harsh reality is that there are some jobs that a person with certain disabilities simply cannot do. When an employee...more

The ERISA Litigation Newsletter - January 2017

Editor’s Overview - In 2016, we saw a considerable uptick in the number and variety of excessive fee lawsuits commenced against plan fiduciaries of defined contribution plans. We begin the year by taking a look at these...more

Is EEOC Regulation of Wellness Plans Legal? — Seventh Circuit Declines to Say Yes

The Seventh Circuit has stymied an EEOC attempt to declare that employer wellness plans violate the Americans with Disabilities Act (“ADA”). The court decided that the issues raised by the suit are moot, and deferred to...more

EEOC v. Flambeau, Judicial Restraint, and the (Uncertain) Future of Employer-Sponsored Wellness Programs

On January 25, the Seventh Circuit Court of Appeals issued it much-anticipated decision in EEOC v. Flambeau, Inc. This case involved the regulation of employer-sponsored wellness plans and programs. Since 2006, the rules...more

Wellness Benefits Case Arising Before the 2016 ADA Regulations Is Dismissed

The debate on the interaction between wellness programs, the ADA prohibition on involuntary medical exams and the ADA safe harbor relating to employee benefit plans will not be clarified. Last week, the U.S. Court of Appeals...more

Wellness Program - Key Concerns for Evolving Compliance

Wellness programs are an increasingly popular way for employers to encourage their workforce to pursue a healthier lifestyle. Partly because of their rising popularity, various rules have developed in recent years to ensure...more

Seventh Circuit Declines To Address The EEOC’s Challenge To The Legality Of Employer’s Wellness Plan

Seyfarth Synopsis: After an employee lost his employer-funded health insurance because he failed to complete a medical examination required by his employer, the EEOC sued the employer under the ADA’s ban on involuntary...more

No Excuses: “Retroactive Leniency” Is Not An ADA Reasonable Accommodation

3 Things To Know About Favorable Court Decision - A federal appeals court upheld the termination of an employee who tried to blame her misconduct on her disability during the termination meeting itself. The court ruled...more

Seventh Circuit Delivers Blow to EEOC Wellness Program Challenge, But Avoids Ruling on ADA Safe Harbor

On January 25, 2017, in Equal Employment Opportunity Commission v. Flambeau, Inc., the Seventh Circuit rejected an EEOC challenge to an employer wellness program. The circuit court had the opportunity to address whether an...more

New Year, New Resolutions: Reviewing, Updating and Even Eliminating Policies

For employers across the Carolinas, the New Year presents the ideal opportunity to review and update important company policies. In some instances, there may be policies that need to be eliminated altogether. This article...more

Health Care Reform in Transition While Congress Deliberates

Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

EEOC Sues Walmart for Discriminating Against Employee with Intellectual Disability

Retail Giant Refused to Make a Simple Accommodation for a Longtime Employee, Federal Agency Charges - MILWAUKEE, Wis. - Walmart violated federal law when it failed to accommodate and fired a longtime employee because of...more

EEOC Releases Guidance Concerning the Mental Health Provider’s Role in ADA Reasonable Accommodation Requests

The EEOC recently published guidance for mental health providers describing their role in an employee or applicant’s request for a reasonable accommodation under the Americans with Disabilities Act (“ADA”). While the guidance...more

EEOC Seeks Public Comment on Proposed Enforcement Guidance on Unlawful Harassment

The EEOC is seeking public comment on proposed enforcement guidance addressing unlawful workplace harassment under the federal anti-discrimination laws enforced by the agency – namely, Title VII of the Civil Rights Act of...more

AARP Suffers a Setback in its Challenge to the EEOC’s Wellness Regulations

As previously discussed, AARP has filed suit against the EEOC and challenged the agency’s wellness regulations.See...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

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