The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% of the employee cost for participation in
Continue Reading Court’s Ruling Requiring The EEOC To Reconsider Its “Wellness” Regulations Is Not Necessarily A Good Thing For Employers
Florida Court Rules Grocery Store Website is Subject to the ADA
Recently, the District Court for the Southern District of Florida held in Gil v. Winn-Dixie Stores, Inc., that Winn Dixie’s website violated Title III of the Americans with Disabilities Act (“ADA”), and awarded the plaintiff attorneys fees and injunctive
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Now What?: ADA’s Website Accessibility Guidelines May Take Longer than Anticipated
Recently, the SC Employers’ Blog alerted you to a rising trend where serial claimants send demand letters to various private companies alleging the company’s website discriminates against individuals who are blind or visually impaired. That blog discussed a proposed Department
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Is Your Website ADA Compliant?
Websites and mobile apps (collectively “website(s)”) are a common tool used by businesses of all varieties and sizes to reach current and potential customers. They have revolutionized the manner in which businesses advertise and service customers. While websites may be
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Final Rules on Employer Wellness Programs
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
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News from the EEOC
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
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Alcoholism & the ADA: Can Southern Cal’s Former Football Coach Really Sue For Wrongful Termination?
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
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Does Out of Office Really Work?
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
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Can I Ask About This? Interview Do’s and Don’ts
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.
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PART TWO – Wellness Programs and the ADA: I disagree with the EEOC…
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
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