An employee who twice failed to complete a substance abuse treatment program was not protected by either the ADA or FMLA, according to the Fifth Circuit. Shirley v. Precision Castparts et al (5th Cir. August 12, 2013). The employer terminated the employee for leaving a treatment program prior to being properly discharged, as required by
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Still Waiting for ADA “Voluntary” Wellness Plan Guidance from EEOC; But Does it Really Matter?
By Jackson Lewis P.C. on
Posted in ADA
The EEOC passed yet again on the opportunity to provide guidance on the meaning of “voluntary” under the ADA as it applies to wellness plans. Guidance would be helpful because the ADA, the EEOC regulations, and the EEOC’s Interpretive and Enforcement Guidance permit employers to conduct voluntary medical examinations, including voluntary medical histories, as part of…
Gimme Shelter–and Summary Judgment–in the ADA 501(c) “Safe Harbor”
By Jackson Lewis P.C. on
Posted in ADA
When dealing with ADA claims relating to benefit plans, make sure to plot the coordinates for the ADA’s Section 501(c) “safe harbor.” Sections 501(c)(2) and (3) protect employers from liability for conduct that would otherwise violate the ADA if it were taken pursuant to an insured or self-insured benefit plan so long as the plan…