AARP filed the suit against the Equal Employment Opportunity Commission (EEOC) in Federal District Court in Washington, D.C., on October 24, arguing that wellness programs can violate employees’ privacy and may not be truly voluntary.
Employers are getting a look at new final rules affecting how they structure wellness programs, rules that are meant to clear up conflicts among various federal laws but that also may make administration of wellness programs more challenging.
The Equal Employment Opportunity Commission’s (EEOC) new rules describe how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to employer wellness programs that request health information from employees and their spouses. The rules—one dealing with the ADA and the other with GINA—explain how workplace wellness programs can comply with the ADA and GINA consistent with provisions in the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable Care Act (ACA).
by Laurie Jirak
Distribution of medical marijuana in Minnesota is set to begin July 1, so employers need to understand their rights and responsibilities under the state’s new medical marijuana law.
Confusion may arise because employers are subject to both federal and state laws that may impose different standards or requirements on workplace medical marijuana policies. Although the state has a law allowing medical marijuana use, it isn’t permitted under federal law.
The Equal Employment Opportunity Commission (EEOC) has published a Notice of Proposed Rulemaking addressing how employer wellness programs can be in compliance with the Americans with Disabilities Act (ADA).
The EEOC announced the proposed rule on April 16, and it was published in the Federal Register on April 20. Members of the public have until June 19 to submit comments. In addition to the notice, the EEOC has published a fact sheet for small businesses and a question-and-answer document.
The U.S. Supreme Court ruling in Young v. United Parcel Service means employers need to think twice before treating pregnant employees under job restrictions differently than they treat nonpregnant employees who are similarly unable to perform their jobs temporarily.
In a 6-3 ruling handed down March 25, the Court reached for middle ground between interpretations of the Pregnancy Discrimination Act (PDA) offered by both parties as well as the Equal Employment Opportunity Commission (EEOC). By sending the case back to the lower court, the justices revived the employee’s claim that her treatment violated the PDA.
For the first time since 1983, the Equal Employment Opportunity Commission (EEOC) has issued enforcement guidance on pregnancy discrimination. The new guidance incorporates significant developments in the law during the past 30 years, including how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with pregnancy-related disabilities.
The EEOC issued Enforcement Guidance: Pregnancy Discrimination and Related Issues on July 14. Besides the guidance, the agency released questions and answers about the guidance and a fact sheet for small businesses.
by Tammy Binford
President Barack Obama is launching a new effort aimed at increasing protections, opportunities, and wages for workers to create what the White House envisions as a 21st century workplace.
The president, First Lady Michelle Obama, Vice President Joe Biden, and Dr. Jill Biden are hosting the White House Summit on Working Families on June 23. The agenda calls for sessions focusing on hourly workers, compensation, the structure of the workplace, STEM (science, technology, engineering, and math) careers, and nontraditional jobs, among other topics.
The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has posted new resources on its website to help federal contractors comply with new regulations pertaining to recruiting people with disabilities and veterans.
New regulations going into effect March 24 strengthen requirements under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act.
by Dinita L. James
On February 26, the Phoenix City Council voted to amend its human relations ordinance to include lesbian, gay, and transgender persons as well as disabled individuals among the groups protected from employment discrimination. The 5-3 vote came after a nearly five-hour public hearing before an estimated 500 people in the city’s historic Orpheum Theatre.
Phoenix Mayor Greg Stanton had fast-tracked the amendment, which was something of a sleeper until opponents, including the Catholic Diocese of Phoenix, mobilized in the week before the vote. Phoenix had voted down a similar proposal 21 years ago.
A new U.S. Department of Labor (DOL) Administrator’s Interpretation has been issued to clarify who qualifies as an adult “son or daughter” whom an employee may take unpaid leave from work to care for and rely on the job protections of the Family and Medical Leave Act (FMLA).
An adult son or daughter must meet four requirements before the employee may take FMLA leave to provide care. (The employee must also meet all of the other requirements under the FMLA, such as employer coverage and employee eligibility.) The son or daughter must (1) have a mental or physical disability as defined under the Americans with Disabilities Act (ADA) as amended by the ADA Amendments Act (ADAAA), (2) be incapable of caring for himself because of the disability, (3) have a serious health condition, and (4) be in need of care because of the serious health condition.