If you are reading this post, you already know about SARS-CoV-2, the virus which causes coronavirus disease 2019 (“COVID-19”), or, coronavirus. There is no shortage of news to absorb and guidance to implement. Federal, state (CT, MA, NY), and local (Boston, Hartford, New Haven, New York) authorities offer directives and information. News outlets including The Washington Post and The New…
Last month, we wrote that the Equal Employment Opportunity Commission (EEOC) had challenged an employer wellness program that was implemented by Orion Energy Systems. In that case, the EEOC alleged that the employer had violated the Americans with Disabilities Act (ADA) by requiring employees to submit to medical examinations that…
In recent years, employers have implemented health and fitness measures intended to curb the effects of chronic disease on their employees. The implementation of these “wellness” programs generally results in lower health insurance premium costs, and a healthier workforce. Nevertheless, the Equal Employment Opportunity Commission (EEOC) has challenged one of these…
The ADA Amendments Act of 2008 (“ADAAA”) amended the Americans with Disabilities Act to expand the definition of “disability,” which had been limited over the years by court decisions. In enacting the ADAAA, Congress specifically rejected United States Supreme Court interpretations of the meaning of the term “disability.” The result…
The U.S. Equal Employment Opportunity Commission (EEOC) has scheduled a meeting for May 8, 2013 at its main headquarters in Washington, D.C., to address whether employer wellness programs may implicate, among other things, the confidentiality and permissible inquiry provisions of the Americans with Disabilities Act (ADA), the Genetic Nondiscrimination Act…
Last week, on March 4, 2013, the United States Court of Appeals for the Second Circuit (which covers New York, Connecticut and Vermont), reaffirmed the importance for an employer to conduct a fact-specific analysis in considering requests for reasonable accommodation under the Americans with Disabilities Act (ADA). In McMillan v.…
The Americans with Disabilities Act (“ADA”) requires that employers consider possible reasonable accommodations that would permit disabled employees to perform the essential functions of their jobs. According to to the ADA, a reasonable accommodation could include a reassignment to a vacant position. In Equal Employment Opportunity Commission v. United Airlines,…
On August 26, 2011, the United States Equal Employment Opportunity Commission (“EEOC”) filed a civil action against Ford Motor Company on behalf of a former employee, alleging that the company failed to provide a reasonable accommodation to the employee and ultimately fired her because of her disability. The company maintained…
Today, Governor David Patterson signed into law, the New York Domestic Workers Bill of Rights, which reflects the first sweeping domestic workers’ rights legislation in the nation. Among other things, the New York law provides for overtime pay to domestic workers, and protection against workplace discrimination and harassment based upon…
On January 6, 2010, the Equal Employment Opportunity Commission (“EEOC”) released data concerning charges of discrimination filed with the agency in FY2009. The EEOC resolved a record number of charges alleging harassment and violations of Title VII of the Civil Rights Act. FY2009 saw the second highest number of charge…