Tag Archives: ADA

Letters from America – risks of discrimination in AI-backed recruitment processes (UK)

So following our recent post on proposed new regulations it’s not just the EU which is looking askance at the potential risks of artificial intelligence in recruitment.  From across the pond comes news that the US Department of Justice has warned employers to take steps to ensure that the use of AI in recruitment does … Continue Reading

EEOC Proposes Amendments to ADA Regulations Relating To Employer Wellness Programs

The EEOC has proposed amendments to its regulations under the Americans with Disabilities Act (“ADA”) as they relate to employer wellness programs.  These proposed amendments were published on Monday, April 20, triggering a 60-day public notice and comment period.  The proposed amendments aim to define which employer wellness programs are valid under the ADA, which … Continue Reading

Is A Temporary Injury A Disability Under the Americans With Disabilities Act?

Although the ADA does not generally cover temporary impairments as disabilities under the law, the Fourth Circuit is the first Court of Appeals to declare that a temporary impairment can be severe enough to be a disability under the law. In Summers v. Altarum Institute Corporation [pdf], the court of appeals reversed the trial court’s dismissal … Continue Reading

Employer Wellness Programs: New Rule Increases Maximum Permissible Reward and Also Imposes Anti-discrimination Safeguards

Last Wednesday, the United States issued a final rule that will impact employer wellness programs starting January 1, 2014.  This rule issued by the U.S. Department of Health and Human Services, Labor, and the Treasury (collectively, the “Departments”), provides additional flexibility to employers with respect to the financial rewards that can be offered for achieving health-based … Continue Reading

“DSM-5 Anxiety” May Be New Disorder For Employers Trying To Navigate ADA

Last Friday, the American Psychiatric Association (APA) published the fifth edition of what is considered the “bible” for diagnosing mental disorders, the Diagnostic and Statistical Manual of Mental Disorders, or “DSM-5.”  While much of the DSM-5 reclassifies already-recognized disorders or fleshes out diagnostic criteria, the APA recognizes several new disorders that could make life even … Continue Reading

What is an essential job function?

This issue is particularly important in disability discrimination cases where an employee is a qualified individual with a disability if he/she can perform the essential functions of a job with or without a reasonable accommodation.  Thus, a key question both during the required interactive process in determining possible accommodations as well as in litigation is … Continue Reading

Counseling Constitutes an ADA-Protected Medical Examination

Under the Americans with Disabilities Act (ADA), employers are restricted as to when and for what reason they may require employees or potential employees to submit to a medical examination.  For current employees, an employer may only compel a medical examination if such an examination is shown to be job‑related and consistent with business necessity.  … Continue Reading

Is Working From Home A Reasonable Accommodation?

As previously noted here, employers are required to provide qualified individuals who have a disability with a reasonable accommodation absent an undue hardship.  Whether working from home is a reasonable accommodation is a fact intensive analysis that should be conducted for each circumstance. Earlier this week, a Michigan federal court dismissed the EEOC’s case against … Continue Reading

Is Transferring To A Different Position A Reasonable Accommodation Under the Americans with Disabilities Act?

Under the Americans with Disabilities Act (“ADA”), employers must provide a reasonable accommodation to a qualified individual who has a disability absent an undue hardship to the employer.  The ADA further provides that reassignment to a vacant position is a possible reasonable accommodation. Earlier this year, the Seventh Circuit Court of Appeals in EEOC v. … Continue Reading

Is Obesity A Disability?

Formerly, Michigan [pdf] was the only state to explicitly declare weight a protected class according to state discrimination law.  However, at both the state and federal level, administrative agencies and courts are beginning to contemplate whether legal protections should be afforded to obese individuals under state law and the Americans with Disabilities Act (ADA) Amendments … Continue Reading

Have the New ADA Regulations Really Changed the Game for Employers?

Squire Sanders’ attorneys Tara Aschenbrand, Lew Clark, and Susan DiMickele are pleased to participate in the American Health Lawyers Association’s (AHLA) webinar “Have the New ADA Regulations Really Changed the Game for Employers?” on June 6. The program will explore the impact of the ADA Amendments Act (ADAAA) on employers and whether it has altered … Continue Reading