Tag: Americans with Disabilities Act

Avoiding snares in workplace wellness programs

by David L. Johnson Encouraged by health insurance companies, workplace wellness programs have become trendy. Wellness programs help prevent disease and encourage employees to adopt healthier lifestyles. What could possibly go wrong? Well, wellness programs involve biometric screenings, medical questionnaires, and health risk assessments. If the information is in the hands of a third party […]

New guidance on pregnancy discrimination released

For the first time since 1983, the Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on pregnancy discrimination. The new guidance incorporates significant developments in the law during the past 30 years, including how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with pregnancy-related disabilities. The EEOC issued […]

AMA says obesity is a disease: What does this mean for you?

by Jonathan R. Mook The American Medical Association (AMA) has officially designated obesity as a disease. In doing so, it explained that obesity is a “multi-metabolic and hormonal disease state” that leads to unfavorable outcomes like type 2 diabetes and cardiovascular disease. The AMA’s action has focused renewed attention on the so-called obesity epidemic and […]

What Employers Should Expect from a Ramped-Up EEOC

The Equal Employment Opportunity Commission (EEOC) is trying to buck a trend. While government budget cuts have become the norm, the EEOC is requesting for fiscal year 2012 an $18 million increase from 2011. The agency says it needs more money to restore enforcement and legal staff positions, modernize technology, and expand training, among other […]

Three Years After Amendment, It’s Still a New Day for the ADA

The law that amended the Americans with Disabilities Act (ADA) was signed in September 2008, and although more than three years would seem sufficient to digest the change a new law brings, the regulations for the ADA Amendments Act (ADAAA) weren’t effective until May 24, 2011. So HR professionals and attorneys alike in many cases […]

Service Dog

Endangered (Service) Animal Species

by Karen McAndrew As of March 15, 2011, boa constrictors, ferrets, wildebeests, and rabbits are no longer considered “service animals” under the Americans with Disabilities Act (ADA), so assuming the Attorney General’s Office of your state concurs, you will not have to let those animals dine in your restaurant or hang out in a cubicle […]

New ADAAA Regulations Effective Immediately

Today is the day! Although many thought the day might never come, the final regulations under the ADA Amendments Act (ADAAA) are finally effective. The Equal Employment Opportunity Commission (EEOC) released these long-awaited regulations earlier this spring, and employers have been scrambling to become familiar with the intricacies of the new final rules, which are […]

Practical Job Descriptions

Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose? We get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they serve […]

Wait Is Finally Over! EEOC Finalizes Regulations Interpreting ADAAA

More than two years after the ADA Amendments Act (ADAAA) went into effect, the Equal Employment Opportunity Commission (EEOC) has finalized regulations interpreting the law’s requirements. For the most part, the final regulations provide exactly the type of comprehensive guidance employers were hoping for. In any event, they are a dramatic departure from (and an […]

Unemployed Job Applicants Pose Practical and Legal Dilemmas for HR

Employers have started hiring again and are often overwhelmed with huge numbers of resumes, even for entry-level positions. Some companies have decided that an effective way to identify the best candidates is to refuse to consider job applicants who are currently unemployed. But a number of human resources professionals, the Equal Employment Opportunity Commission (EEOC), […]