ADA

Feature of the Week

Jumping to the conclusion that an employee’s poor performance is due to a medical condition could be very risky for the employer, mainly because of the expanded definition under the Americans with Disabilities Act Amendments Act on what would constitute “regarded as” disability discrimination, according to David K. Fram, Director, ADA and EEOC Services for the National Employment Law Institute. This week’s Feature from CCH HR Compliance Library reports on Fram’s presentation at NELI’s 16th Annual Americans with Disabilities Act Workshop and his prediction of increased claims by employees that they were “regarded as” having a disability.

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Feature of the Week

The publication of the final regulations interpreting the Americans with Disabilities Act Amendments Act is imminent, and the rules will mandate broader coverage under the ADA than the courts previously allowed, so more people with psychiatric and mental disabilities are protected by law. The EEOC held its first ever hearing on the employment of individuals with mental disabilities, and this week’s Feature is a report from CCH News on the advocate testimony presented.

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Health Risk Assessments for Medical Expense Reimbursements Prohibited by ADA Says EEOC Letter

A prerequisite for employees to complete a health risk assessment that includes disability-related questions in order to obtain reimbursement for health expenses is prohibited by the Americans with Disabilities Act, according to an Equal Employment Opportunity Commission Assistant Legal Counsel.

In an informal Read more

Ninth Circuit Rules Physical Capacity Test Was Medical Exam, Triggers ADA

Person on Treadmill

A physical capacity evaluation administered to an employee returning from disability leave was an improper medical exam, a divided Ninth Circuit rules, allowing the case to proceed under the Americans with Disabilities Act.

A union employee was required to undergo the physical evaluation after a r Read more

EEOC Asks for Comment on Proposed ADAAA Rules

The definition of what constitutes a “disability” under proposed Equal Employment Opportunity Commission revisions of the Americans with Disabilities Act rules will be “interpreted broadly,” according to the agency.

The proposed rules were published Sept. Read more

EEOC Has Q&A on Proposed ADAAA Rules

The Equal Employment Opportunity Commission has issued a notice of proposed rulemaking to conform its Americans with Disabilities Act regulations to the Amendments Act of 2008, and has also issued a question and answer guide to the rule changes.

The EEOC is proposing changes both to the ADA regulation itself and to the Int Read more

DOL’s Disability Website Revamped

In conjunction with the 19th anniversary of the Americans with Disabilities Act, the U.S. Dept. of Labor has re-named and re-launched DisabilityInfo.gov as Disability.gov.

The revamped site offers comprehensive information about programs and services for the disabled community and employers. Read more

ADA Amendments Not Retroactive Says D.C. Circuit

Ruling in the case of an employee who was terminated after he was medically disqualified from returning to his job, and who was unable to find another suitable position with the employer, the U.S. Court of Appeals for the D.C. Read more

Safety Risk Created by Diabetic Episodes, Not Protected by ADA Says Court

Welder

A terminated diabetic welder who became angry and aggressive as a result of low blood sugar posed a direct safety threat on the production floor, is not a “qualified individual” with a disability as defined by the Americans with Disabilities Act and is not eligible for ADA protection, a federal district court in Iow Read more

Proposed ADA Rules Significantly Change Standard for Determining Impairments Says Law Firm

Guide Dog

On June 17, the Equal Employment Opportunity Commission voted to revise its regulations on the Americans with Disabilities Act to reflect changes made by the ADA Amendments Act of 2008. Read more

EEOC Warns About Swine Flu Discrimination

The Equal Employment Opportunity Commission has issued a notification reminding employers about employment discrimination issues and the H1N1 (swine flu) virus.

The EEOC advisory notes that Title VII of the Civil Rights Act prohibits employment discrimination on the basis of national origin, for example, discrimination against Mexicans, and Read more

Perceived Disability Costs Company $95,000, More Training

A Maryland-based storage facility will pay $95,000 and provide “other substantial relief” to settle a perceived disability discrimination lawsuit filed by the EEOC.

According to the EEOC, the company unlawfully fired a maintenance worker who had a visible disfigurement due to severe burns. Read more

EEOC Issues TAD on H1N1

Sneezing Worker

The Equal Employment Opportunity Commission has issued a technical assistance document for what it calls the “ADA-Compliant Employer Preparedness for the H1N1 Flu Virus.”

The EEOC says that the document answers basic questions about workplace prep Read more

Driving Not a Major Life Activity Under ADA, Seventh Circuit Declares

Driving Car

Driving does not constitute a major life activity under the Americans with Disabilities Act, the Seventh Circuit rules, for the first time agreeing with three other federal circuits.

A public health nurse who had to drive to assignments suffered from post traumatic stress disorder in the aftermath of a t Read more