The EEOC issued its Final Rules on how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs employers offer that request health information from employees and their spouses.[1] The main issue
Continue Reading Final Rules on Employer Wellness Programs
The Equal Employment Opportunity Commission (EEOC) has been busy this spring, issuing guidance left and right! On May 9th, it issued guidance to employers about leave as an ADA accommodation. On May 16th, it issued its
Continue Reading News from the EEOC
Rarely does my interest in sports intersect with my work as an employment lawyer. That changed a few weeks ago with the news that former University of Southern California (“USC”) head football coach Steve Sarkisian has sued the school for
Continue Reading Alcoholism & the ADA: Can Southern Cal’s Former Football Coach Really Sue For Wrongful Termination?
The EEOC and, subsequently, the Court, supplanted its judgment for an employer’s as to whether physical presence at the office was an essential function of a reseller’s job, determining that a reseller should be permitted to telecommute several days a
Continue Reading Does Out of Office Really Work?
Inappropriate interview questions create a risk of discrimination claims under various state and federal anti-discrimination laws. (For example, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, and the Americans with Disabilities Act, as amended by the Americans with Disabilities Amendments Act.) Therefore, when interviewing an applicant for a job, you must avoid questions relating to race, sex, national origin, age, pregnancy, religion and disability, which are irrelevant as to whether he or she is qualified for the job.
Even asking questions that do not appear discriminatory on their face may be considered unlawful when they screen out a disproportionately high percentage of candidates on the basis of protected status and are not justified by any business purpose. For example, asking about whether an applicant owns their own home could be considered racial discrimination.
Continue Reading Can I Ask About This? Interview Do’s and Don’ts
Prior to the EEOC’s lawsuit against Orion Energy Systems, Inc., filed on August 20, 2014 in federal court in Green Bay, WI, the EEOC had only commented on the validity of wellness programs under the ADA twice and then only
Continue Reading PART TWO – Wellness Programs and the ADA: I disagree with the EEOC…
I disagree with the EEOC – an employer does not violate the Americans with Disabilities Act (ADA) by offering health insurance premium discounts to those who participate in its wellness program.
Orion Energy Systems, Inc., a publicly traded company based
Continue Reading PART ONE – Wellness Programs and the ADA: I disagree with the EEOC…