ADA and GINA Guidance on Wellness Incentives on the Way!
The National Law Review
The days of referring to the EEOC’s guidance on wellness incentives under the ADA and GINA as “long-awaited” may be coming to an end. The EEOC announced that it has sent a Notice of Proposed Rulemaking (NPRM) on this issue to the Office of Management and Budget (OMB) for clearance.
Germanwings tragedy highlights important mental health considerations for employers
Lexology
As more details emerge about the troubled past of First Officer Andreas Lubitz – the co-pilot at the controls of the Germanwings flight that crashed in the French Alps in March – employers worldwide are faced with pressing questions that should bring renewed focus toward their policies regarding identifying and managing mental illness in the workplace.
Mountain Creek bosses ridiculed me because I'm obese, man alleges in suit
NJ.com
A Sussex County man who was the food manager of a major skiing and water park resort has sued his former employer, saying they discriminated and harassed him due to his obesity.
Warn managers and supervisors: Never suggest that employees’ kids get in the way of work
Business Management Daily
Some supervisors don’t seem to realize that just a few poorly chosen comments can create a lawsuit where no cause for litigation exists.
One of the worst things a supervisor can do is to tell an employee being discharged for poor attendance that the reason she’s unreliable is because she has children. At best, such a comment may trigger a claim of caretaker discrimination.
At worst—especially if absences are to care for a disabled child—the comments can mean an ADA lawsuit based on association discrimination.
Law Enforcement Continue to Ticket Disabled Parking Violators, Even on Private Property
WSPA.com
7 On Your Side is answering your questions after you asked us if law enforcement can ticket a disabled parking violator on private property. The answer is they can and they do.
Riverwalk 'fully accessible' to disabled, promises city
Marina City Online
Older Chicagoans and those with disabilities may have to go a block or two but should find the Chicago Riverwalk accessible, according to a spokesperson for the Chicago Department of Transportation.
“The entire Riverwalk will be fully accessible,” says Mike Claffey, director of public affairs for CDOT. “Access for people with disabilities has been a key consideration in the design from day one. We are very pleased to share that the new facility will be fully accessible both in vertical access and along the length of the Riverwalk pathway.”
City launches ADA compliance campaign
McMinnville News-Register
After receiving complaints about tables, chairs, sandwich boards and planters encroaching into the sidewalk right of way in downtown, the city is reminding downtown business owners that a swath 48 inches wide must be maintained under the Americans with Disabilities Act.
U.S. Supreme Court case could change law enforcement training
Channel3000.com - WISC-TV3
A case before the U.S. Supreme Court may change the way law enforcement agencies handle calls involving mentally ill individuals.
Work Advice: A beef with a meat-free workplace
Washington Post
Reader 1: I was contacted for an interview by a nonprofit organization that advocates for homeless pets. I had heard that while being vegan wasn’t a requirement for employment at this organization, there would be restrictions on what I could bring into the office (certain foods, leather products, etc.), and only vegan meals would be reimbursed as business trip expenses. After the organization confirmed that that was its policy, I canceled the interview because I knew I wasn’t going to fit in there. But is that policy legal?
Karla: It makes sense that an organization with a specific mission would want its representatives to practice what it preaches on the company’s dime and time. And an organization that likely attracts meat-free staffers may simply want to provide an environment that is sensitive to their sensibilities.
Employers can prohibit any workplace activities they choose — even otherwise legal activities such as smoking or carrying firearms — as long as the restrictions don’t discriminate against a legally protected class of individuals. And federal law, at least, offers no special protection to omnivores.
“The only potential work-around is if this policy somehow impacts someone’s disability or religion,” says Elaine Fitch, employment attorney at Kalijarvi, Chuzi, Newman & Fitch. For example, an organization with 15 or more employees would have to make an exception to allow an animal-derived drug to treat a qualifying medical condition under the Americans With Disabilities Act.
Likewise, the meal reimbursement policy would be legal as long as it doesn’t somehow impinge on your health or religious practice, or some other protected status. I’d have to admire the dedication of an employer willing to scrutinize itemized restaurant receipts to make sure its money wasn’t being misspent.