Articles and Blogs

ADA

EEOC Challenges Return-to-Work Policies Under the Americans with Disabilities Act

[11/29/17]

Posted on November 29, 2017 in HR Insights for Health Care

Published by: Hall Render

Another Reason to Review Your Medical Leave of Absence Policies and Practices The U.S. Equal Employment Opportunity Commission (“EEOC”) has long maintained that inflexible leave of absence policies violate the Americans with Disabilities Act (“ADA”). One national employer (an airline and one of its regional carriers) recently entered into a 35-page consent decree with... READ MORE

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EEOC Resource Documents on Transgender Employee Bathroom Access and Leaves of Absence for Employees with Disabilities

[05/12/16]

Posted on May 12, 2016 in HR Insights for Health Care

Written by: Jonathon A. Rabin

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently published resource documents on two hot topics in the labor and employment world: bathroom access for transgender employees and leaves of absence for disabled workers. The EEOC notes that its resource documents do not create new policy, are not voted on by the Commission and are... READ MORE

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EEOC Issues Proposed Rule on Application of the ADA to Employer Wellness Programs

[04/21/15]

Posted on April 21, 2015 in HR Insights for Health Care

Written by: Calvin R. Chambers

On April 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) announced the issuance of a proposed rule that would describe how Title I of the Americans with Disabilities Act (“ADA”) applies to employer wellness programs that are part of group health plans. The proposed rule was officially published in the Federal Register on... READ MORE

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Telecommuting: A Reasonable Accommodation? Not Necessarily

[04/21/15]

Posted on April 21, 2015 in HR Insights for Health Care

Written by: Mary Kate Liffrig

Last year, we blogged about a decision issued by the Sixth Circuit Court of Appeals, which has jurisdiction over courts in Kentucky, Michigan, Ohio and Tennessee, that held that allowing a disabled employee to telecommute could be a reasonable accommodation under the Americans with Disabilities Act (“ADA”). Last week, however, that decision was reversed by... READ MORE

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Supreme Court Revives Pregnant Worker’s Discrimination Claim

[03/26/15]

Posted on March 26, 2015 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

Yesterday, March 25, 2015, the U.S. Supreme Court published its long-awaited opinion in the case of Peggy Young v. United Parcel Service. The issue in this case was whether an employer must reasonably accommodate a pregnant worker as it does other workers who are not pregnant. The Court vacated the Fourth Circuit’s decision affirming summary... READ MORE

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Jury Awards $2.6 Million to Pharmacist with “Needle Phobia”

[01/28/15]

Posted on January 28, 2015 in HR Insights for Health Care

Written by: Stephen W. Lyman

Have you ever heard of trypanophobia? If not, it means a fear of needles, which, in this case, resulted in a jury verdict of $2.6 million to a Rite Aid pharmacist whose fear of needles prevented him from giving flu shot immunizations as a required part of his job. Is “Needle Phobia” an ADA... READ MORE

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Reasonable Accommodation – Just Assign Wheelchair Transport Duties to an Orderly?

[10/29/14]

Posted on October 29, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

Was Job Restructuring Reasonable?  The Jury Will Decide A hairdresser at a nursing home quit her job following surgery when her boss failed to consider assigning her duties of transporting wheelchair bound residents to the beauty salon to orderlies.  She filed an ADA suit claiming a failure to reasonably accommodate her disability.  The nursing... READ MORE

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Pregnancy Discrimination – EEOC Issues Important Enforcement Guidance

[07/15/14]

Posted on July 15, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

The Equal Employment Opportunity Commission on July 14, 2014 issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with Questions and Answers about the guidance and a Fact Sheet for Small Businesses. This is the first comprehensive update of the EEOC’s guidance on the subject of discrimination against pregnant workers since 1983. This... READ MORE

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How Do I Decide if a Request for a Leave of Absence Is a Reasonable Accommodation or Undue Hardship?

[03/03/14]

Posted on March 3, 2014 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

As the EEOC continues to focus on the use of unpaid leave beyond policy limits as a potential reasonable accommodation and employees continue to request leave extensions, I am frequently asked: “How do I know when enough is enough?”  Unfortunately, the determination of an undue hardship is a factual issue, and the only way... READ MORE

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Is Indefinite Leave a Reasonable Accommodation?

[01/22/14]

Posted on January 22, 2014 in HR Insights for Health Care

Written by: Stephen W. Lyman

“Sicker than a Dog” Under the ADA, an employer is required to “reasonably accommodate” a “qualified individual with a disability.”  In this recent case, the court had occasion to consider whether an open-ended request for leave was “reasonable” when it was made by an employee who claimed to be “sicker than a dog” and... READ MORE

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