ADA

June 17, 2016
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EEOC Issues Sample Notice for Wellness Programs

The Equal Employment Opportunity Commission (EEOC) has posted on its website a sample notice that will help employers who have wellness programs comply with their obligations under a recently issued Americans with Disabilities Act (ADA) rule. The notice is available at https://www.eeoc.gov/laws/regulations/ada-wellness-notice.cfm, and a brief question-and-answer document describing the notice r...
June 1, 2016
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EEOC Raises Non-Posting Penalty from $210 to $525

The Equal Employment Opportunity Commission (EEOC) is publishing a final rule tomorrow that raises penalties for violations of its posting requirements from $210 to $525, taking advantage of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The increase will take effect 30 days after publication, on July 2, 2016. EEOC enforces the posting of notifications for Title...
May 16, 2016
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EEOC Issues Final Rule on Wellness Programs, ADA and GINA

The 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 abo...
July 23, 2015
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EEOC, DOJ Celebrate 25th Anniversary of ADA | WWC

Today, the Equal Employment Opportunity Commission (EEOC) is commemorating the 25th anniversary of the Americans with Disabilities Act (ADA) jointly with the Department of Justice (DOJ) at an event at DOJ headquarters. During the event, the two agencies will announce a memorandum of understanding (MOU) designed to strengthen EEOC and DOJ's Civil Rights Division's enforcement of the ADA and the...
July 17, 2015
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ADA Service Animal Regulations Updated | WWC

This week service animal regulations under the Americans with Disabilities Act (ADA) were updated regarding dogs being placed in shopping carts, which is no longer permitted. The FAQs, in answering whether service dogs can be placed in shopping carts, reads: Generally, the dog must stay on the floor, or the person must carry the dog.  For example, if a person with diabetes has a glucose alert ...
June 9, 2015
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EEOC Challenges Inflexible Leave Policies | WWC

ValleyLife, a disability support services company, unlawfully discriminated against disabled employees by refusing to provide them with reasonable accommodations in violation of federal law, the Equal Employment Opportunity Commission (EEOC) has charged in a lawsuit filed in the United States District Court for the District of Arizona. ValleyLife is an Arizona corporation which provides progra...
April 17, 2015
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EEOC Issues Proposed Rule on Wellness Programs | WWC

The Equal Employment Opportunity Commission (EEOC) yesterday published a Notice of Proposed Rulemaking (NPRM) describing how Title I of the Americans with Disabilities Act (ADA) applies to employer wellness programs that are part of group health plans. The NPRM is available in the Public Inspection portion of the Federal Register, and will be officially published on Monday, April 20, 2015. Mem...
August 21, 2014
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Orion Energy: Cautionary Tale About Wellness Programs | WWC

Manitowoc, Wis.-based Orion Energy Systems violated federal law by requiring an employee to submit to medical exams and inquiries that were not job-related and consistent with business necessity as part of a so-called "wellness program," which was not voluntary, and then by firing the employee when she objected to the program, the Equal Employment Opportunity Commission (EEOC) charg...
July 3, 2014
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Walgreens Agrees to Pay $180,000 Over a $1.39 Bag of Chips

Drugstore giant Walgreens has agreed to pay $180,000 to a longtime employee with diabetes and to implement revised policies and training to settle a federal disability discrimination lawsuit filed by the Equal Employment Opportunity Commission (EEOC), the agency announced yesterday. The EEOC's lawsuit charged that former cashier Josefina Hernandez, who has Type II Diabetes, was fired ...
May 15, 2014
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EEOC Seeks Public Input on Employing the Disabled

The Equal Employment Opportunity Commission (EEOC) announced today that it is inviting public input on potential revisions to the regulations implementing Section 501 of the Rehabilitation Act of 1973, a law that governs employment of individuals with disabilities by the federal government. Current Section 501 regulations prohibit employment discrimination based on disability and explain ...