Medical Examinations

News & Analysis as of

FDA data underscores why patients need to ask tough questions about care

The epidemic of overtreatment is hardly new, and it often stems from physicians’ tendency to order excessive tests. But now Uncle Sam is getting ready to step in even more, prompted in part by disturbing data that detailed...more

Going To The Heart Of Workplace Health Programs And Apps

The wearable technology market is booming and shows no sign of slowing down anytime soon. From watches to glasses, to chips and sensors built into clothing and accessories, wearable technology seems to have reached every...more

Visa Bulletin 2.0 and its Implications for Early Filing for Adjustment of Status

On September 9, 2015, the U.S. Government pleasantly surprised the immigration world by publishing a new type of monthly Visa Bulletin for October 2015 with USCIS announcement about a new approach to the timing of the ability...more

Sharp Healthcare Sued by EEOC for Disability Discrimination

San Diego Surgical Center Denied Hire to Applicant Due to Perceived Disability - SAN DIEGO, Calif. - Sharp HealthCare, an operator of hospitals and medical facilities, violated federal law when it denied hire to a job...more

Alcoholism and the ADA: The DOs and DON’Ts of Alcohol Testing in the Workplace

The Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental...more

Celadon Trucking Services, Inc. to Pay $200,000 to Settle Lawsuit

Celadon Unlawfully Subjected Applicants to Pre-Employment Medical Examinations - INDIANAPOLIS - Celadon Trucking Services, Inc., a trucking company headquartered in Indianapolis, Indiana, has agreed in a consent decree...more

Are Wellness Programs Worth It?

Please see Chart below....more

Recent Decision Explores Issues of Mental Disability and Violence in the Workplace

A federal district court recently grappled with whether an employer’s termination of an employee for engaging in violent behavior was lawful, where the employee’s behavior was related to an underlying mental impairment. ...more

EEOC Sues Vita Plus for Disability Discrimination

Agricultural Company Fired Driver Due to His Diabetes, Federal Agency Charged - DETROIT - Vita Plus Corporation, an agricultural company with a facility in Gagetown, Mich., violated federal law by discriminating against...more

Court Reporters – Four Tips on What to Expect at an I.M.E.

Attorneys need Individual Medical Examinations to be reported and certified from time to time. An Independent Medical Examination is conducted by a doctor, chiropractor/physical therapist whom has not previously been...more

EEOC Guidance: Redesigning Wellness Programs to Comply with the ADA

Although the Equal Employment Opportunity Commission (EEOC) has been actively taking legal action against employers over wellness programs that it considers coercive under the Americans with Disabilities Act (ADA), companies...more

EEOC Issues Notice of Proposed Rulemaking on Interplay Between ADA and Employee Wellness Programs

Despite existing guidance available to employers under the Affordable Care Act (“ACA”) and the Health Insurance Portability and Accountability Act (“HIPAA”), employers have long faced uncertainty about the legality of their...more

Should I Attend a PPD When I Need More Treatment?

I will be posting one of my readers’ questions regarding permanent partial disability awards each month for all my readers with my response. Here’s this month’s question: Q: I think I need more treatment, but the...more

Wellness Programs and the EEOC, Part One

On May 29, 2013, the U.S. Department of Labor, the U.S. Department of the Treasury, and the U.S. Department for Health and Human Services finalized rules regarding wellness programs offered in conjunction with group health...more

Wellness Programs Alive and Well?

The Equal Employment Opportunity Commission (EEOC) has issued proposed regulations under the Americans with Disabilities Act (ADA) regarding employer-provided wellness programs that were published in the Federal Register on...more

EEOC Publishes Proposed Rule on How the ADA Applies to Employer Wellness Programs

Many employers offer corporate wellness programs to promote healthier lifestyles, prevent disease and reduce healthcare costs. These wellness programs may include, for example, nutrition classes, on-site exercise facilities,...more

Are Employee Wellness Programs OK Under the ADA? EEOC Says Yes, But...

Until recently, businesses looking to make sure that their employee wellness programs comply with the ADA were without much help from the EEOC—besides a series of surprisingly unhelpful opinion letters and a one-sentence...more

Locke Lord QuickStudy: EEOC Proposes Rule Addressing Incentives in Employee Wellness Programs

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) released a long-awaited proposed rule and supplemental guidance addressing employers’ use of incentives to encourage participation in employee wellness...more

EEOC Proposed Rule to Shed Light on Wellness Programs under the ADA

On April 20, 2015, the U.S. Equal Employment Opportunity Commission ("EEOC") published a proposed new rule that would amend the regulations for Title I of the Americans with Disabilities Act ("ADA") as they relate to employer...more

Get Healthy (Or Else?): The EEOC Proposes New Rules to Define When Participation in an Employer Wellness Program Is “Voluntary”

Under Title I of the Americans with Disabilities Act (“ADA”), employers aren’t allowed to discriminate against workers based on health status. Under the ADA, employers can, however, ask workers for details about their health...more

EEOC Issues Proposed Rule on Wellness Programs and the ADA

The Equal Employment Opportunity Commission (EEOC) has released its long-awaited proposed rule providing guidance on the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness programs....more

EEOC Issues Long-Awaited Wellness Program Rules

Late last week, the EEOC released the proposed rules on wellness programs for employers. These long-awaited proposed rules will likely be adopted in full by this summer, after the public has 60 days to submit comments....more

Will EEOC’s New Wellness Regs Make You Sick?

The EEOC has broadcast proposed regulations on wellness programs. In short, the proposed regs attempt to reconcile Obamacare provisions encouraging wellness programs, the ADA’s approval of medical examinations that are truly...more

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth...more

Plaintiff Alleges Violation of FMLA for Being Required to Show Mastectomy Scars Before Returning to Work

In a Complaint recently filed in a Florida federal court (Andrea Santiago v. Broward Health), social worker Andrea Santiago alleged that her employer, Broward Health, violated the FMLA when it refused to waive a policy...more

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