Equal Employment Opportunity Commission Americans with Disabilities Act

The United States Equal Opportunity Commission is a federal agency created by Title VII of the Civil Rights Act of 1964. The EEOC is charged with enforcing anti-discrimination laws in the workplace.... more +
The United States Equal Opportunity Commission is a federal agency created by Title VII of the Civil Rights Act of 1964. The EEOC is charged with enforcing anti-discrimination laws in the workplace. Specifically, the Agency addresses instances where employees or applicants are discriminated against on the basis of color, race, sex, religion, national origin, disability, and/or genetic information.  less -
News & Analysis as of

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

EEOC issues guidance on new wellness notice mandated for 2017

Effective as of the first day of the plan year that began on January 1, 2017, or after, employers maintaining wellness programs that collect employee health information must satisfy a new notice requirement. The EEOC has...more

Diallo’s Of Houston to Pay $139,366 to Resolve EEOC Disability Discrimination Lawsuit

Nightclub Made Unlawful HIV Medical Inquiry, Then Fired Employee, Federal Agency Charged - HOUSTON - The U.S. Equal Employment Opportunity Commission (EEOC) announced today that Diallo's of Houston, a Houston-area...more

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