It is well established that an employee need not specifically request leave under the Family and Medical Leave Act (“FMLA”) in order to benefit from the Act’s protections. Rather, the law requires the employer to take action to notify an employee of FMLA rights when the employer acquires knowledge that an employee’s leave may be
Health Management
Court Labels Employer Post-Offer Medical Examination “Textbook Case” of ADA Regarded As Liability
By Kristin L. Bauer on
Posted in ADA, Health Management
When used lawfully, post-offer, pre-employment medical examinations can be a powerful tool. But a recent federal district court case demonstrates the importance of carefully implementing such programs. In EEOC v. M.G.H. Family Health Center, Cause No. 1:15-CV-952 (E.D. Mich. 1/27/2017 ), the employer hired an employee and asked her to participate in a medical…
Employee Seeking a Less Stressful Work Environment Denied ADA Protections
By Tasos C. Paindiris on
Posted in ADA, Health Management
In a case addressing a challenging accommodation scenario faced by many employers, a Florida District Court held in Hargett v. Florida Atlantic University Board of Trustees that an employee seeking a less stressful environment and an end to hostile confrontations with her manager was not seeking a reasonable accommodation. The employee suffered from epilepsy with…
EEOC Explains ADA Interference – Employers Take Note
By Kristin L. Bauer & Paul Patten on
On August 25, 2016, the EEOC issued its Enforcement Guidance on Retaliation and Related Issues. In addition to outlining expanded definitions of “opposition” and “participation” activity with respect to retaliation claims, the EEOC also addressed section 503(b) of the ADA. Section 503(b) makes it unlawful to “coerce, intimidate, threaten or interfere” with an individual who attempts to exercise ADA rights or one who assists or encourages others to do so.
What Makes ADA Interference Different
In its guidance, the EEOC notes the interference provisions of the ADA are broader than the statute’s anti-retaliation provisions. Specifically, actions that may not be materially adverse for a retaliation claim may suffice for an interference action. Another distinguishing feature of an ADA interference claim, according to the agency, is that an individual pursuing relief need not be a qualified person with a disability.
Continue Reading EEOC Explains ADA Interference – Employers Take Note
Federal Court Simultaneously Rejects and Upholds EEOC’s Positions on Wellness Programs – Rejects Employer’s ADA “Safe Harbor” Defense
By Jackson Lewis P.C. & Francis P. Alvarez on
In a much anticipated decision, a Wisconsin federal district court has granted Orion Energy Systems, Inc.’s summary judgment on the EEOC’s challenge to its wellness program design. See Sept 19, 2016 Decision and Order. While largely good news for Orion, the ruling creates even more confusion for employers seeking clarity on wellness program design principles. …
Ebola in the News
Posted on
Posted in Health Management
The Ebola virus, first diagnosed almost 40 years ago, for which there is no vaccine and up to a 90% fatality rate, is very much in the news. In the most recent outbreak, since March 2014, the Centers for Disease Control reports about 887 suspected deaths and more than 1600 confirmed cases. The CDC has…
Banning Employees from Providing Emergency Medical Services Banned in California
By Jackson Lewis P.C. on
Posted in Health Management
A California employer may not prohibit an employee from providing voluntary emergency medical services, such as CPR, in response to a medical emergency, according to a law approved by the Governor last week.
The law has a few caveats. An employer may have a policy authorizing trained employees to provide those services but, even with…
With Flu Season Upon Us….
By Jackson Lewis P.C. on
Posted in Health Management
Most Employers to Shift Some Costs of ACA to Employees
By Jackson Lewis P.C. on
Posted in Health Management
More than half of employers intend to shift some of the increased costs of the Affordable Care Act to employees, according to a recent study by the International Foundation of Employee Benefit Plans. The 2013 study reports that employers are planning to deal with the increased costs of the ACA by shifting costs to employees…
Medical Marijuana Musings
By Jackson Lewis P.C. on
Posted in Health Management
Medical marijuana is in the news for a variety of reasons.
On the legal front, the primary issue is that the federal government classifies marijuana as a controlled substance while 20 states have passed laws allowing its use for medical reasons. President Obama’s spokesperson said recently that the President “does not, at this point, advocate a change…