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,
inquiries
General Inquiry Not a “Medical Inquiry” under the ADA Despite Response Laden with Medical Information
By Jackson Lewis P.C. on
Posted in ADA
An employer’s email to a “no call/no show” employee asking “what is going on” is not a “medical inquiry” under the ADA, according to the 7th Circuit.eeoc v. Thrivent Financial for Lutherans (7th Cir. Nov. 20. 2012).
The Court rejected the EEOC’s argument that the word “inquiries” in the “Medical Examinations and Inquiries” section…
Time To Revisit ADA Medical Inquiry Rules At “Loggerheads” With OSHA Policy
By Francis P. Alvarez on
Posted in ADA, Work-Related Injuries
When a law, such as the ADA, restricts an employer’s rights to take reasonable, measured steps to promote workplace safety, it ought to be re-examined. Years ago, Justice Souter observed that preventing employers from considering "risk to self," an ADA rule many disability rights advocates had sought, would have put the ADA at "loggerheads" with federal OSHA policy requiring employers to ensure the…