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The EEOC today released for public comment its proposed rule to amend its regulations and interpretive guidance as they relate to wellness programs, including the size of incentives an employer may offer yet still have a “voluntary” wellness program under the ADA. For additional information concerning the proposed rule, click here.

When I wrote last week that telework was “in the air” because we were anxiously awaiting the en banc Sixth Circuit decision in EEOC v. Ford Motor Company, little did I know that the decision was likely getting a final review before its release, which occurred on Friday.

Common sense trumps the EEOC’s position on…

The days of referring to the EEOC’s guidance on wellness incentives under the ADA and GINA as “long-awaited” may be coming to an end.   The EEOC announced that it has sent a Notice of Proposed Rulemaking (NPRM) on this issue to the Office of Management and Budget (OMB) for clearance.

The NPRM is not available…

With telework as a reasonable accommodation under the ADA in the air as we await anxiously the Sixth Circuit’s en banc decision in EEOC v. Ford Motor Company, a recent decision concerning the EEOC’s failure to provide telework as a reasonable accommodation got my attention.  Miles’ law comes to mind.

Named for a chief of…

After staying on the litigation sidelines for years while the popularity of workplace wellness programs skyrocketed, the EEOC has brought its third lawsuit in about two months, alleging that the employer’s wellness program was not “voluntary” due to the “large” and “substantial” penalties to those who chose not to participate. Because the program was involuntary,…

After staying on the litigation sidelines for years while the popularity of workplace wellness programs skyrocketed, the EEOC has brought a second lawsuit just six weeks after its first, alleging that the employer’s wellness program was not “voluntary” due to the “dire consequences” to non- participants. Because the program was involuntary, the disability related inquiries…

A few months ago, I posted my fourth and what I then called my “final” blog on the Sixth Circuit’s significant ADA decision in EEOC v. Ford Motor Company.  I had never posted four blogs about a decision. But that “final” blog has turned out not to be “final” because on August 29, 2014,…

The plaintiff’s dog bit her, leading to a hospital stay, complications and absence from work for more than two weeks. After the plaintiff failed to produce the FMLA Certification from her health care provider to support her absences, her employer terminated her.  Finding that there were issues to be resolved by a jury concerning whether…