Archive for the 'ADA Amendments Act' Category

Why Wait for the EEOC? Expert Clarifies ADAAA Requirements

June 17, 2010 at 9:00 pm by: Julie Athey

Nearly two years after Congress passed the ADA Amendments Act (ADAAA), the Equal Employment Opportunity Commission (EEOC) announced recently that employers should not expect to see new regulations providing a more detailed explanation of the law’s requirements anytime soon.
To understand the reasons for the delay and how it may affect employers, we spoke with nationally [...]

Making the Case for Keeping HR

March 4, 2010 at 9:00 pm by: Maine Employment Law Letter

In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales.
In fact, the perception might [...]

Making Sense of Scent Issues at Work

February 11, 2010 at 9:03 pm by: South Dakota Employment Law Letter

It seems that the number of people with allergies or sensitivities to various scents and smells has grown substantially. Some of those allergies can be severe, causing severe respiratory difficulties and other serious health issues. Questions continue to arise about the often competing rights of allergic employees and coworkers who wish to be able to [...]

Seventh Circuit Says Driving Isn’t ADA Major Life Activity

September 11, 2009 at 10:48 am by: Indiana Employment Law Letter

by Brian Burbrink
In September 2008, the ADA Amendments Act of 2008 (ADAAA) was passed with the intent of broadening the meaning of the term “disability” and expanding coverage under the Americans with Disabilities Act (ADA) to a larger percentage of the workforce. The ADAAA retained the core definition of “disability” (defined, in part, as [...]

Using Wellness Programs to Reduce Health Care Costs

August 7, 2009 at 1:10 pm by: Mississippi Employment Law Letter

by Susan Fahey Desmond
In addressing the ever increasing costs of health care in the United States, Congress is looking at options that would theoretically make health insurance more affordable to Americans. The task of making health insurance more affordable to all is monumental. President Obama has said, “There’s no quick fix; there’s no silver bullet.”

EEOC Moves Forward with New ADA Regs

July 24, 2009 at 2:24 pm by: Oregon Employment Law Letter

The U.S. Equal Employment Opportunity Commission (EEOC) is moving forward with new regulations that will make it much easier for employees claiming protection under the Americans with Disabilities Act (ADA) to establish that they have a covered disability. At a public meeting in June, the EEOC voted 2-1 to approve draft changes to the existing [...]

Take Extra Care When Firing or Laying Off Disabled Employees

June 12, 2009 at 4:00 pm by: Nevada Employment Law Letter

As a result of the recent economic crisis, many employers have been faced with the unpleasant task of laying off workers. But what happens when one of those employees is disabled? We recently received a question addressing that very issue. The situation involved a severely disabled part-time worker who was hired to stuff envelopes as [...]

Some Things Stay the Same under the ADA Amendments Act

March 20, 2009 at 2:19 pm by: Massachusetts Employment Law Letter

by Timothy F. Murphy
This week, to review what has and hasn’t changed under the amended Americans with Disabilities Act (ADA), we’re taking a look at a disability discrimination cases that deals with essential job functions and reasonable accommodation. Determining the truly essential functions of a job is often at the heart [...]

Economy, Political Changes Could Create Perfect Storm for Employment Lawsuits

January 9, 2009 at 12:46 pm by: Kansas Employment Law Letter

(Updated April 2009)
by Boyd Byers
Writer Sebastian Junger coined the phrase “perfect storm” to describe the simultaneous occurrence of different weather phenomena that combine to create a powerful nor’easter (a storm blowing from the northeast). Is a confluence of cultural, economic, and political events whipping up a perfect storm for [...]

More Workers Protected from Disability Discrimation under ADA Amendments Act

October 3, 2008 at 9:02 am by: Federal Employment Law Insider

by Burton J. Fishman Fortney & Scott, LLC
Last week, while everyone’s attention was focused on a potential meltdown of the U.S. economy and whether or not the first presidential debate would actually take place, a bunch more of your employees were given federal protection against disability discrimination. On September 25, 2008, [...]