ADA

EEOC Rescinds Its Wellness Regulation

December 20, 2018

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The Equal Employment Opportunity Commission (EEOC) has rescinded its workplace wellness regulation following a judge's order to revise and rewrite the rule. The effective end date is Jan. 1, 2019, when it would have expired anyway under court order. The regulation over employer-sponsored wellness programs was tossed by a judge in 2017, who gave the agency until the start of 2019 to revisit t...

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DOJ Says Web Accessibility Under the ADA Open to Interpretation

October 4, 2018

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After 103 House members of both parties beseeched the Department of Justice (DOJ) to clarify website accessibility rules under the Americans with Disabilities Act (ADA), the nation's top law enforcement agency essentially took a pass. The letter from House members urged the department to “provide guidance and clarity with regard to website accessibility under the … ADA” for those in the publ...

July 26, 2018

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ADA Celebrates 28th Anniversary

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by President George H.W. Bush. Thus today marks its 28th anniversary. The ADA is one of America's most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to participate in the mainstream of Americ...

Is Extended Leave a Reasonable ADA Accommodation?

April 5, 2018

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This week, the Supreme Court turned down a review of a ruling by the 7th U.S. Circuit Court of Appeals that extended leave under the Americans with Disabilities Act (ADA) is not a "reasonable accommodation" under the letter of the law. Two other circuit courts -- the 10th and 11th -- have issued similar rulings. At issue in Severson v. Heartland Woodcraft Inc. was whether a "two-to-three mon...

HHS Chief Says He Will Uphold the ACA

February 14, 2018

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Health and Human Services (HHS) head Alex Azar, when pressed about the legality of Idaho's plan to market non-Affordable Care Act (ACA) health policies, affirmed his support for the 2010 legislation that in essence federalizes standards for health insurance. HHS Secretary Azar "I'm not aware that our opinions or views...

DOJ Withdraws 25 Guidance Documents for 2017

December 30, 2017

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Attorney General Jeff Sessions has announced that, pursuant to Executive Order 13777 and his November memorandum prohibiting certain guidance documents, he is rescinding 25 such Department of Justice (DOJ) documents that were deemed unnecessary, inconsistent with existing law, or otherwise improper. In making the announcement, the Attorney General said: Last month, I ended the longstanding ...

September 22, 2017

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Appeals Court Rules the ADA Is Not a Leave Entitlement

In a case involving a worker who exhausted his Family and Medical Leave Act (FMLA) 12 weeks of leave and then requested more time off under the Americans with Disabilities Act (ADA), the 7th U.S. Circuit Court of Appeals ruled that the “ADA is an antidiscrimination statute, not a medical-leave entitlement.” In Severson v. Heartland Woodcraft, Inc., the court was to determine if the company was...

August 23, 2017

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Judge Orders EEOC to Reconsider Its Wellness Rule

A federal judge has granted summary judgment to the AARP in its suit against the Equal Employment Opportunity Commission (EEOC) over the latter's May 2016 wellness rule concerning company-run wellness programs. Judge John D. Bates of the U.S. District Court for the District of Columbia on Aug. 22 issued a memorandum, siding with the plaintiff's argument that the EEOC did not explain the reason...

May 19, 2017

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CMS Issues States ACA Waiver Checklist

The Centers for Medicare and Medicaid Services (CMS) has released new information to help states seek waivers from requirements in the Affordable Care Act (ACA). The new tool is intended to help states complete waiver applications that allow them to establish high-risk pools/ state-operated reinsurance programs. Section 1332 waivers generally can be used by states to opt out of some mandated pr...

December 13, 2016

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EEOC Issues Guidance on Workplace Rights Under the ADA

The Equal Employment Opportunity Commission (EEOC) has issued a resource document that explains workplace rights for individuals with mental health conditions under the Americans With Disabilities Act of 1990 (ADA). Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights explains that job applicants and employees with mental health conditions are protected fr...

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