District Judge Rules That Website Must Accommodate The Disabled
Mondaq News Alerts
Clients who distribute their products or services, in large part, through the use of the Internet should take note of a recent federal court decision under the Americans with Disabilities Act (ADA). If followed in other courts, this decision could require companies to make significant changes in their website in order to comply with ADA requirements.
Scribd Must Comply With The Americans With Disabilities Act
Forbes
The ADA doesn’t expressly apply to Internet retailers, and stretching the statutory language to include online-only activities requires awkward interpretive contortions. Nevertheless, a federal court in Vermont recently held that the ADA applies to Scribd. This is the clearest ruling to date indicating that websites must comply with the ADA.
Supreme Court delivers new life to pregnancy discrimination claim
Lexology
On March 25, 2015, the United States Supreme Court issued an opinion that redefines the standard for disparate treatment claims under the Pregnancy Discrimination Act (PDA). In Young v. United Parcel Service, Inc., the Court applied the McDonnell Douglas burden-shifting standard to the plaintiff's PDA claim, but held that even where an employer offers an apparently legitimate nondiscriminatory reason for its actions, plaintiffs can, nevertheless, overcome this reason and establish pretext by providing sufficient evidence that the employer's policies impose a "significant burden on pregnant workers," and that the employer's legitimate, nondiscriminatory reason is "not sufficiently strong to justify the burden." The Justices split 6-3 with the lead opinion authored by Justice Breyer.
LSAC - Order Extending Claims Period to April 15, 2015
EEOC to Hold Twitter Chat on Implementation of Section 508 of the Rehabilitation Act
The U.S. Equal Employment Opportunity Commission (EEOC) will hold a live Twitter chat on Thursday, April 2 from 1:00 to 2:00 pm (EDT). This is an opportunity for stakeholders to discuss how technology impacts federal workers with disabilities.
New "Who I Am" Disability Awareness Materials Available - ODEP
When it comes to expressing a commitment to disability inclusion, there is no wrong time to start or step too small. But, not all employers, especially small businesses, may know how to effectively communicate such a commitment to their employees. Now, the Campaign for Disability Employment has several new materials that can help — all centered on a new video public service announcement (PSA) titled "Who I Am." This PSA features nine diverse people with disabilities — some obvious and some not — sharing the many ways they describe themselves, from personal interests to family relationships to occupations. Among them is film and television actor RJ Mitte, best known for his role in the hit television series "Breaking Bad."
How to manage a chronic condition in the workplace
Fox News
Before you make any moves after receiving a chronic diagnosis, read up on your condition and know what symptoms might occur in the future. If your symptoms are mild enough that they’re not interfering with work and may not for some time, you don’t need to ask for help yet.
“Live with the condition, read about it, and know as best as you can what’s coming before you talk with your employer,” says Rosalind Joffe, a career coach who exclusively works with professionals suffering from chronic illnesses. “There’s no rush to ask for help before you need it.”
While you’re doing research, it’s also a good idea to learn your rights under the Americans with Disabilities Act (ADA). The ADA “is really a civil rights law protecting people with disabilities, so they can live and work like anyone else. Most chronic conditions are well protected,” says Linda Batiste, a principal consultant with the Job Accommodation Network (JAN). JAN is a service funded by the U.S. Department of Labor's Office of Disability Employment Policy.
Protections under the ADA are broad, Batiste says, and you might never need to invoke them if your employer is willing to work with you. Nevertheless, it’s best to know your rights and responsibilities before you approach your boss about making any accommodations.
EEOC takes first step toward issuing rules on employer-sponsored wellness plans
Lexology
On March 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) announced its submission of a notice of proposed rulemaking (“NPRM”) on employer-sponsored wellness plans to the White House Office of Management and Budget (“OMB”) for review. This is the first step toward official EEOC regulations on the subject of wellness plans. Assuming the OMB provides its approval, the EEOC will next open the proposed rule up for public comment.
The NPRM focuses on the relationship between the Americans with Disabilities Act (“ADA”) and the Affordable Care Act (“ACA”) with regard to wellness programs. Specifically, the proposed rule would amend the EEOC’s current ADA regulations to address the interplay between the ADA’s protections against disability discrimination and the financial incentives offered under the ACA for wellness programs provided through employer-sponsored group health plans.
Given the EEOC’s recent litigation challenging wellness programs under the ADA, this announcement comes as welcome news for many employers. In the absence of formal guidance, companies are left with the choice of either establishing or maintaining a wellness program but risking claims of disability discrimination, or discontinuing a program that is beneficial to both the employer and its employees.
Workplace culture more important benefit than wellness
Employee Benefit News
As employers face the threat of Equal Employment Opportunity Commission investigations into their wellness programs, Congress is contemplating legislation in support of financial incentives for employer-sponsored wellness programs. But at least one wellness industry practitioner says employers are focused on the wrong issue.
“The bigger issue is the whole concept of punishing people if they don’t participate in a wellness program. [That] is just really an abomination,” says Dr. Jon Robison, founding partner, Salveo Partners LLC, who has been highly critical of studies showing positive ROI for wellness programs.
The Senate and House of Representatives earlier this month introduced identical bills (S. 620 and H.R. 1189) that would reaffirm laws already in existence that allow for employee wellness programs tied to a financial reward. The EEOC has filed at least three lawsuits within the past year accusing employers of violating the Americans with Disabilities Act and/or the Genetic Information Nondiscrimination Act by failing to provide incentives to employees who would not complete a wellness program assessment or screening.