Settlement Agreement: Mercy College
EEOC Issues Final Rules on Employer Wellness Programs
The U.S. Equal Employment Opportunity Commission (EEOC) today issued final rules that describe how Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs offered by employers that request health information from employees and their spouses. The two rules provide guidance to both employers and employees about how workplace wellness programs can comply with the ADA and GINA consistent with provisions governing wellness programs in the Health Insurance Portability and Accountability Act, as amended by the Affordable Care Act (Affordable Care Act).
Lowe's Settles ADA Leave Case for $8.6 Million
Bloomberg BNA
Lowe's Cos. will pay $8.6 million to resolve an EEOC lawsuit alleging the company unlawfully fired a class of workers whose disability-related medical leave needs exceeded the company's maximum leave policy.
In addition to establishing an $8.6 million class settlement fund, the company also will revise its employee leave and other policies, including adding a provision requiring the consideration of extended leave as a reasonable accommodation for disabled workers who have exhausted the maximum leave otherwise allowed by Lowe's.
That provision mirrors guidance issued May 9 by the Equal Employment Opportunity Commission regarding employer-provided leave as an accommodation under the Americans with Disabilities Act (89 DLR A-1, 5/9/16).
Marijuana law creates potential ADA pitfalls for employers
Lehigh Valley Business
With the April passage of the Medical Marijuana Act, Pennsylvania became the 24th state to permit the use of marijuana for medical purposes.
While the law provides for significant regulation in terms of the sale and use of marijuana, it creates a host of possible new issues for employers with respect to the Americans with Disabilities Act.
Under the ADA, an employer is not required to permit an employee to use or be under the influence of marijuana while at work, even if used for medical purposes for a qualifying disability, and the new Pennsylvania law mirrors that requirement.
New FMLA and ADA Resources, Old Problems
JD Supra
In the past three weeks, employee leaves have gotten a lot of attention. The Department of Labor issued new FMLA guidance and a new poster. Then, this week, the EEOC issued a new resource page for employer-provided leaves under the ADA. Although these new resources do not include any earth shattering revelations, they do provide helpful advice and are worth reading.
Louis Kahn's FDR Memorial May Not Be Fully Accessible to Disabled Visitors
Curbed
Last year, the Americans with Disabilities Act (ADA) celebrated it's 25th anniversary. The watershed legislation, which was enacted in 1990, prohibits discrimination against people with disabilities in public buildings and ensures that structures are designed to be accessible.
But what happens when a memorial that was designed before—but built after—the ADA isn't fully accessible? Should the design be altered?