The Equal Employment Opportunity Commission (“EEOC”) has issued two final rules addressing employer-sponsored wellness programs’ compliance with Title I of the Americans with Disabilities Act (“ADA”) and Title II of the Genetic Information Nondiscrimination Act (“GINA”). Both rules will become effective for health insurance plan years beginning on or after January 1, 2017 and
The Equal Employment Opportunity Commission (“EEOC”) has released new guidance on unpaid leave as a reasonable accommodation under the Americans with Disabilities Act (“ADA”).
The guidance, issued on May 9, 2016, makes clear that employers must not only provide employees with disabilities access to leave as an accommodation on the same basis as similarly situated
In a significant decision for all businesses that maintain an online presence, a California court recently ruled that a luggage retailer violated the Americans with Disabilities Act (“ADA”) and California state law by failing to make its website accessible to a blind customer. This summary judgment decision is noteworthy because in addition to holding that
In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act (“ADA”), even following the 2008 amendments to the ADA that broadened the definition of what is considered a protected
It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers, the Second Circuit recently held in Graziadio v. Culinary Institute of America that a Director of Human Resources “may be” individually
Recently, a split has continued among the Circuit Courts as to whether Section 504 of the Rehabilitation Act permits employment discrimination suits by independent contractors. On February 1, 2016, the Fifth Circuit joined the Ninth Circuit and held that it does. The decision is a good reminder that the Rehabilitation Act has a broader reach