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January 5, 2018

Court Vacates EEOC’s Wellness Rules for 2019

On Dec. 20, 2017, the U.S. District Court for the District of Columbia vacated key provisions of the Equal Employment Opportunity Commission’s (EEOC) final rules for employer-sponsored wellness plans. However, to avoid disruption to employers, the court stayed its ruling until Jan. 1, 2019.
January 2, 2018

5 Ways to Prevent Workplace Harassment

Harassment is a form of employment discrimination that may violate federal laws like Title VII of the Civil Rights Act, the Age Discrimination in Employment Act and the Americans with Disabilities Act. The Employment Opportunity Commission (EEOC) issued a list of best practices for employers to use in their workplaces to prevent harassment. According to the EEOC, the following five core principles have generally proven effective in preventing and addressing harassment.
November 20, 2017

Four Misunderstood Terms in the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) applies to a lot of organizations—all public employers and any private employer with 15 or more employees. Nevertheless, there’s a lot of confusion about what the law requires and what its terms entail. A big reason for this confusion is the language of the law itself; the ADA speaks of nebulous concepts like undue hardship and reasonable accommodation. Words like undue and reasonable are by their nature open to some interpretation, which is not exactly a comfort to employers. Fortunately, while there’s no getting completely around the inherent ambiguity of the ADA, employers can feel confident in their application of the law by reviewing and understanding its most important concepts. In this article, we’re going to define and analyze the terms disability, undue hardship, reasonable accommodation, and interactive process. These are the big four terms to know.
September 12, 2017

Court Orders EEOC to Reconsider Wellness Rules

The U.S. District Court for the District of Columbia has directed the Equal Employment Opportunity Commission (EEOC) to reconsider its final wellness rules under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The final rules allow employers to offer wellness incentives of up to 30 percent of the cost of health plan coverage. The court held that the EEOC failed to provide a reasonable explanation for adopting the incentive limit. Rather than vacating the final rules, the court sent them back to the EEOC for reconsideration.
May 18, 2017

Employee Leaves of Absence – General Compliance Rules

Employees may need to take time off from work for various reasons, including for their own medical situations or family emergencies. Federal and state leave laws require employers to provide employees with leave in certain situations.
October 20, 2016

Compliance Date Approaching for Employer-Sponsored Wellness Programs

In May 2016, the Equal Employment Opportunity Commission (EEOC) finalized rules for employer-sponsored wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).
September 6, 2016

HR Q&A: Restoring Employees to Their Position after FMLA Leave

Upon return from Family and Medical Leave Act (FMLA) leave, an employee must be restored to his or her original position or to an equivalent position with equivalent pay, benefits, and other terms and conditions of employment. An employee is entitled to reinstatement even if he or she was replaced during the leave or if the employee’s position was restructured to accommodate his or her absence. However, there are circumstances under which reinstatement is not required.
December 3, 2015

The ADA: 25 Years Later

On July 26, 1990, President George W. Bush signed the Americans with Disabilities Act (ADA) into law. The ADA makes it illegal for an employer to […]