Advancements in technology has expanded society’s notion of what constitutes “the workplace.” As employers are now granting more requests to work from home, the Equal Employment Opportunity Commission (EEOC) has begun to view telecommuting as a legally required reasonable accommodation for many disabled employees who have difficulty getting to work.
For some time, employers have faced uncertainty about the status of their wellness programs under the Americans with Disabilities Act (ADA).
As our readers know, the EEOC filed two lawsuits last fall against private employers, alleging discrimination against transgender individuals: one case against a medical practice in Florida, and the other against a funeral home operation in the Detroit area.
The EEOC has proposed amendments to its regulations under the Americans with Disabilities Act (“ADA”) as they relate to employer wellness programs.
On April 16, 2015, the EEOC published proposed regulations setting forth its position on the use of physical examinations under employment-based wellness programs.
En Banc Sixth Circuit Reverses Itself and Finds That Nearly Unlimited Telecommuting is Not a Reasonable Accommodation Under the ADA
In EEOC v. Ford Motor Co., No. 12-2484 (6th Cir. Apr. 10, 2015), a case we blogged about previously here and here, the U.S. Court of Appeals for the Sixth Circuit upheld summary judgment in favor of Ford and against the EEOC in an Americans With Disabilities Act (“ADA”) failure to accommodate lawsuit.
New EEOC Rule Encourages Employers to Do Some Spring Cleaning On Health Incentive and Wellness Programs
The Equal Employment Opportunity Commission (EEOC) estimates that almost 600,000 employers offer some type of employee wellness program, such as nutrition classes, smoking cessation programs and health risk assessments.
On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) officially published a Notice of Proposed Rulemaking (NPRM) providing guidance to employers as to how they can craft and implement employee wellness programs without violating the Americans with Disabilities Act (ADA), which generally prohibits employers from making disability-related inquiries to employees or requiring that employees undergo medical examinations.
As reported on our Benefits Law Advisor, the EEOC has issued proposed wellness program regulations. Much of the attention to those proposed rules understandably will be how they would affect the incentives employers have implemented to spur their employees to engage in healthier behaviors.
Today the Equal Employment Opportunity Commission (EEOC) published long-awaited proposed regulations on wellness programs (Proposed Regs) that are intended to harmonize certain provisions of the Americans with Disabilities Act (ADA) with long-standing rules concerning wellness programs applicable to group health plans under the Health Insurance Portability and Accountability Act (HIPAA), and more recently, the Affordable Care Act (ACA).