New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Americans with Disabilities Act

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EEOC Issues Final Enforcement Guidance on Retaliation and Related Issues

Posted in Americans with Disabilities Act, Retaliation
On August 25, 2016, the U.S. Equal Employment Opportunity Commission issued its final “Enforcement Guidance on Retaliation and Related Issues.”  Along with the final guidance, the EEOC issued a Q&A publication and a Small Business Fact Sheet. Since 1998, the Supreme Court and lower courts have issued a number of significant rulings regarding employment related… Continue Reading

EEOC Has Attendance Point Systems in its Sights

Posted in Americans with Disabilities Act
Attendance point systems undoubtedly have appeal.  These policies — often referred to as “no fault attendance policies” because they assign points to absences regardless of the cause — take the subjectivity out of attendance-related corrective action.  However,  to be legally compliant, an attendance point system must make allowances for legally protected absences. You may be… Continue Reading

EEOC Issues Proposed Rule Addressing Employer Wellness Programs and the ADA

Posted in Americans with Disabilities Act
On April 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) issued a proposed rule to amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (“ADA”) as it relates to employer wellness programs.  The EEOC also issued a Fact Sheet for Small Business and a Q&A regarding the proposed rule. By… Continue Reading

Understanding an Employer’s Obligations When Domestic Violence Affects the Workplace

Posted in Americans with Disabilities Act, Discharge and Discipline, Employment Discrimination, Family and Medical Leave Act, Occupational Safety and Health, OSHA
Over the past few months, the media has reported extensively about several incidents of domestic violence involving professional athletes.  While these high-profile cases generate huge attention, it is important to remember that domestic violence is a problem of epidemic proportion.  The Center for Disease Control and Prevention reports that 1 in 4 women and 1… Continue Reading

Be Prepared: Understanding the Impact That the Ebola Outbreak May Have on Employers

Posted in Americans with Disabilities Act, Family and Medical Leave Act, Occupational Safety and Health, OSHA, Workplace Illness
Two months ago, many Americans were unfamiliar with the term “Ebola.”  It’s amazing how quickly things can change.  Today, you cannot turn on your television or read a news article without hearing or seeing reference to this medical epidemic. The questions/answers set forth below are intended to assist employers with their own preparedness, as well as… Continue Reading

EEOC Files Two Recent Lawsuits Challenging Employer Wellness Programs

Posted in Americans with Disabilities Act
The Affordable Care Act creates new incentives to promote employer wellness programs.  However, employers should not rush to establish such programs without first considering the implications of the Americans with Disabilities Act.  Why?  The Equal Employment Opportunity Commission has not yet issued guidance on how employers may structure their wellness programs to avoid violations of the… Continue Reading

EEOC Issues New Guidance on Pregnancy Discrimination

Posted in Americans with Disabilities Act, Employment Discrimination
On July 14, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued its Enforcement Guidance on Pregnancy Discrimination and Related Issues.  The purpose of the Enforcement Guidance is to explain the EEOC’s current interpretations of the Pregnancy Discrimination Act of 1978 (“PDA”) and the interplay between the PDA and the Americans with Disabilities Act (“ADA”).  This… Continue Reading

Telecommuting: Balancing the Risks Against the Rewards

Posted in Americans with Disabilities Act
As e-mail and the Internet became staples of daily life, both employers and employees began to recognize the benefits of working in one’s home with the aid of a telephone and computer connections – an arrangement commonly referred to as “telecommuting” or, alternatively, the “virtual office.”  Telecommuting is, of course, attractive to employees because of… Continue Reading

U.S. District Court Rejects EEOC’s Challenge to U.S. Steel Corp.’s Random Alcohol Testing Policy

Posted in Americans with Disabilities Act, Employment Discrimination
On February 20, 2013, the U.S. District Court for the Western District of Pennsylvania dismissed a lawsuit filed by the Equal Employment Opportunity Commission ("EEOC") alleging that U.S. Steel’s policy of conducting random breath alcohol tests on probationary employees violated the Americans with Disabilities Act ("ADA").  The Court agreed with U.S. Steel’s contention that the random… Continue Reading

EEOC Issues Guidance Regarding Application of Title VII and ADA to Victims of Domestic Violence, Sexual Assault, or Stalking

Posted in Americans with Disabilities Act, Employment Discrimination
Guidance from the U.S. Equal Employment Opportunity Commission, issued on October 12, 2012, cautions employers that federal employment discrimination laws such as Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act may apply in certain situations involving applicants or employees who experience domestic or dating violence, sexual assault, or stalking.  This guidance,… Continue Reading

An Example of the Expanded Definition of “Disability” Under the ADAAA

Posted in Americans with Disabilities Act
Earlier this year, the EEOC provided an example of how the ADAAA has expanded the definition of protected disability when it issued an informal discussion letter noting that it will now be easier for individuals with paruresis - commonly known as "shy bladder syndrome" - to meet the statutorily revised definition of disability.… Continue Reading

Comment Period Closes on EEOC’s ADAAA Proposed Regulations

Posted in Americans with Disabilities Act
The public comment period for EEOC's proposed regulations implementing the ADAAA recently expired. EEOC will now evaluate the comments it received and determine whether to change any of its proposed regulations. Several of the proposed regulations are controversial because they arguably extend beyond the scope of regulation authorized by Congress when it passed the ADAAA.… Continue Reading