Tag: ADA

EEOC Reaches Record ADA Settlement with Sears

The Equal Employment Opportunity Commission (EEOC) recently announced a record-setting settlement resolving a class-action lawsuit against Sears, Roebuck and Co. under the Americans with Disabilities Act (ADA) for $6.2 million and significant remedial relief. The consent decree, approved on September 29, represents the largest ADA settlement in a single lawsuit in EEOC history. The EEOC’s […]

Acceptable Affirmative Phrases for Discussing Disabilities

Sometimes it’s hard to know how to communicate with or assist     co-workers with disabilities. Over-eager assistants do more harm than good, while others, concerned that they will say the wrong thing, say nothing—further isolating people with disabilities. Using affirmative language is the first step in communicating well with people with disabilities, says DOL’s Office of […]

How to Create a Disability-Friendly Workplace

In today’s world, simply complying with the Americans with Disabilities Act (ADA) isn’t enough for many employers. They want to be more proactive in creating a disability-friendly workplace. Today, BLR’s experts offer some tips. First of all, the following indicators show that an organization is willing to “walk the talk” of a disability-friendly workplace: The […]

Sears Settlement with EEOC Raises New Concerns on ADA Enforcement

by Burton J. Fishman Sears recently reached a $6.2 million settlement with the Equal Employment Opportunity Commission (EEOC) regarding Americans with Disabilities Act (ADA) violations stemming from the company’s alleged refusal to return injured workers to the job. This is the largest ADA settlement in a single lawsuit in EEOC history. More aggressive enforcement has […]

EEOC’s Proposed ADA Regulations Now Available

The Equal Employment Opportunity Commission’s (EEOC) Notice of Proposed Rulemaking (NPRM) — which would revise its Americans with Disabilities Act (ADA) regulations to comply with the ADA Amendments Act (ADAAA) — is now available at www.HRhero.com/eeoc/eeoc_proposedregulations.pdf. The NPRM interprets the requirements of the ADAAA, which Congress passed in late 2008 to make it easier for […]

EEOC Moves Forward with ADAAA Regs

The Equal Employment Opportunity Commission (EEOC) has voted to approve a Notice of Proposed Rulemaking (NPRM) that would revise its Americans with Disabilities Act (ADA) regulations to comply with the ADA Amendments Act (ADAAA), which was passed late last year and went into effect January 1, 2009. The ADAAA and the proposed rule make it […]

Seventh Circuit Says Driving Isn’t ADA Major Life Activity

by Brian Burbrink In September 2008, the ADA Amendments Act of 2008 (ADAAA) was passed with the intent of broadening the meaning of the term “disability” and expanding coverage under the Americans with Disabilities Act (ADA) to a larger percentage of the workforce. The ADAAA retained the core definition of “disability” (defined, in part, as […]

Employer May Be Liable for Actions Taken Against Alcoholic Employee

by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]

Employers Should Prepare in Case Swine Flu Returns this Fall

A swine flu pandemic was a no-show this past spring, but there’s no guarantee it won’t come roaring back when the regular flu season gets under way this fall. Swine flu (also called the H1N1 virus) should be taken seriously because this particular strain hasn’t been seen before, so people haven’t built up natural immunity. […]

Using Wellness Programs to Reduce Health Care Costs

by Susan Fahey Desmond In addressing the ever increasing costs of health care in the United States, Congress is looking at options that would theoretically make health insurance more affordable to Americans. The task of making health insurance more affordable to all is monumental. President Obama has said, “There’s no quick fix; there’s no silver […]