ADA in the News: October 26, 2015

Former student files $10 million lawsuit against Ithaca College

The Ithaca Voice

Former Ithaca College student Bernadette Carter is suing the institution for $10 million, claiming it violated the Americans with Disabilities Act.

Small businesses sued by controversial lawyer over Americans with Disabilities Act

KMSP-TV

More than a hundred small businesses across Minnesota have found themselves part of an expensive club, none of them asked to join.  They have been sued by a Twin Cities group for violations of the Americans with Disabilities Act, which requires businesses to be handicapped accessible.

EEOC grapples with proposed rule comments on wellness program; additional guidance expected soon

Lexology

As we previously reported here, the Equal Employment Opportunity Commission (EEOC) released Proposed Rules on April 16, 2015 to provide guidance under the Americans with Disabilities Act (ADA) on permissible employer incentives for employee participation in wellness programs.  Comments on the proposed rules were due on or before June 19, 2015.  The EEOC received approximately 340 comments, which can be viewed here.

IG perspective: are wearable fitness trackers fit for the workplace?

Lexology

Wow, our group health plan premiums are crushing us. Wait a minute—what if we ramped up our company’s wellness program, using cool technology to help get our workforce in shape? Let’s get all our employees to use those wearable fitness tracker gizmos! We can fold those into our BYOD program, offer a device subsidy, and then have our employees report their stats and progress in some kind of fitness competition, with cool stuff as motivating rewards. Premium costs down, flab down, fitness up, profits up… what could possibly go wrong?

Plenty will go wrong, unless the company takes a breather and checks the pulse of information-related risks and compliance issues. So, let’s run a quick information governance circuit drill.

Employee notice requirements of FMLA and ADA compared

Compensation.BLR.com

This article examines similarities and differences between the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA). Here we take a look at employee notice requirements under both laws.

Many Schools Failing on Type 1 Diabetes Care

New York Times

The incidence of Type 1 diabetes among children has increased by 21 percent in recent years. In 2009, an estimated 167,000 children had the disease, according to the latest figures from the Centers for Disease Control and Prevention. In nearly 400 cases since 2011, parents have brought complaints to federal authorities about schools that decline to care for these students.

Experts say the number vastly understates the problem in public and private education.

Many children have been barred from attending their zoned schools or abruptly transferred after diagnosis to schools with nurses, even when their doctors say nursing care is not warranted. Others are not allowed to participate in sports or extracurricular activities.

Parents have been told no school employee is willing to inject lifesaving glucagon even if their child falls unconscious.

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