Americans with Disabilities Act
February 25, 2019
Employers must be aware that 41% of all lawsuits filed by the Equal Employment Opportunity Commission (EEOC) in FY 2018 were Americans with Disabilities Act (ADA) suits. Failure to hire, failure to accommodate and attendance and leave policies resulted in settlements in the millions of dollars. The EEOC’s strategic enforcement plan is focused on eliminating barriers in recruitment and hiring that discriminate against protected classes as well as “inflexible” leave policies and systemic harassment. The EEOC is focusing on policies that exclude and screening tools that result in disparate impact on individuals of a protective class. These practices include online […]
February 27, 2017
“Eighty percent of life is showing up.” Woody Allen is credited for that expression, as well as a number of variations of the adage which are also attributed to him including “Eighty percent of success is showing up.” The courts have stayed busy determining whether or not employees are qualified when they cannot show up. When employees either exhaust Family Medical Leave or the employer is not large enough to provide FMLA, disabilities may exist requiring the employer to consider accommodations including unpaid leave under the Americans with Disabilities Act (ADA). To be qualified under the ADA, an individual must […]
October 20, 2016
The laws to protect mentally ill employees have been in place for years. The Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) makes sure group health plans provide as much treatment for mental illness and substance abuse as other medical and surgical benefits. The Americans with Disabilities Act includes the prohibition of discrimination and requires the exploration of accommodations for individuals who have mental impairments that qualify as a disability under the Act. Yet most employers do not know how to provide employees with mental disorders their rights. Employers understand the need for a surgery, but not […]