Tag: ADA

EEOC Proposes 30-percent Limit for Wellness Incentives

Financial wellness incentives of up to 30 percent of coverage costs would be allowed under the Americans with Disabilities Act, based on rules proposed by the U.S. Equal Employment Opportunity Commission. This long-awaited guidance generally defers to HIPAA’s nondiscrimination rules, as amended by health care reform, in determining whether a wellness program is permitted by […]

EEOC calling for changes to ADA regulations related to wellness programs

The Equal Employment Opportunity Commission (EEOC) has published a Notice of Proposed Rulemaking addressing how employer wellness programs can be in compliance with the Americans with Disabilities Act (ADA). The EEOC announced the proposed rule on April 16, and it was published in the Federal Register on April 20. Members of the public have until […]

The ACA—Wellness Plan Requirements?

More aspects of the Affordable Care Act (ACA) are being officially implemented, and organizations have many questions as to which rules and regulations apply to them. Wellness programs are on the rise, and some wonder if they are governed by the ACA. Know the facts in order to comply.

Preemployment Inquiries: The Good, the Bad, and the Ugly

When a company first meets with a prospective candidate, it’s not just the interviewee who needs to be on his or her toes. Interviewers must be careful to ask the right questions, not just to ensure they’re making the right hire but also to avoid legal entanglements.

Supreme Court Revives Pregnancy Accommodation Suit

The U.S. Supreme Court on March 25 vacated and remanded an appeals court ruling that the Pregnancy Discrimination Act does not require employers to accommodate pregnant employees. In Young v. UPS, the 4th Circuit held that UPS did not violate the PDA by limiting light-duty accommodations to employees: (1) injured on the job; (2) disabled as […]

Using Facebook for Background Checks

Should you consider using Facebook as part of your background screening process? It may be beneficial because it could turn up potential problems and keep you from hiring someone who could be a problem later on. But it can also be a risk because Facebook pages are known to contain an abundance of personal information—and […]

‘Choose Child or Job’: Manager’s Comment Sends ADA Suit to Trial

A manager’s comment has allowed an employee to keep her disability discrimination claim alive, according to a recent court ruling. In Manon v. 878 Education, LLC (No. 12-cv-3476 (March 4, 2015)), a worker alleged that she was fired because her daughter has a disability; her claims survived summary judgment because she was able to show that her […]