CMS Issues States ACA Waiver Checklist

The Centers for Medicare and Medicaid Services (CMS) has released new information to help states seek waivers from requirements in the Affordable Care Act (ACA). The new tool is intended to help states complete waiver applications that allow them to establish high-risk pools/ state-operated reinsurance programs. Section 1332 waivers generally can be used by states […]

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EEOC Issues Guidance on Workplace Rights Under the ADA

The Equal Employment Opportunity Commission (EEOC) has issued a resource document that explains workplace rights for individuals with mental health conditions under the Americans With Disabilities Act of 1990 (ADA). Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights explains that job applicants and employees with mental health conditions are protected […]

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EEOC Issues Sample Notice for Wellness Programs

The Equal Employment Opportunity Commission (EEOC) has posted on its website a sample notice that will help employers who have wellness programs comply with their obligations under a recently issued Americans with Disabilities Act (ADA) rule. The notice is available at https://www.eeoc.gov/laws/regulations/ada-wellness-notice.cfm, and a brief question-and-answer document describing the notice requirement and how to use the […]

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EEOC Raises Non-Posting Penalty from $210 to $525

The Equal Employment Opportunity Commission (EEOC) is publishing a final rule tomorrow that raises penalties for violations of its posting requirements from $210 to $525, taking advantage of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The increase will take effect 30 days after publication, on July 2, 2016. EEOC enforces the posting […]

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EEOC Issues Final Rule on Wellness Programs, ADA and GINA

The Equal Employment Opportunity Commission (EEOC) today issued final rules that describe how Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs offered by employers that request health information from employees and their spouses. The two rules provide guidance to both […]

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EEOC, DOJ Celebrate 25th Anniversary of ADA

Today, the Equal Employment Opportunity Commission (EEOC) is commemorating the 25th anniversary of the Americans with Disabilities Act (ADA) jointly with the Department of Justice (DOJ) at an event at DOJ headquarters. During the event, the two agencies will announce a memorandum of understanding (MOU) designed to strengthen EEOC and DOJ’s Civil Rights Division’s enforcement […]

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ADA Service Animal Regulations Updated

This week service animal regulations under the Americans with Disabilities Act (ADA) were updated regarding dogs being placed in shopping carts, which is no longer permitted. The FAQs, in answering whether service dogs can be placed in shopping carts, reads: Generally, the dog must stay on the floor, or the person must carry the dog.  For […]

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EEOC Sues Company for Inflexible Leave Policy Under ADA

ValleyLife, a disability support services company, unlawfully discriminated against disabled employees by refusing to provide them with reasonable accommodations in violation of federal law, the Equal Employment Opportunity Commission (EEOC) has charged in a lawsuit filed in the United States District Court for the District of Arizona. ValleyLife is an Arizona corporation which provides programs […]

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EEOC Issues Proposed Rule on Wellness Programs

The Equal Employment Opportunity Commission (EEOC) yesterday published a Notice of Proposed Rulemaking (NPRM) describing how Title I of the Americans with Disabilities Act (ADA) applies to employer wellness programs that are part of group health plans. The NPRM is available in the Public Inspection portion of the Federal Register, and will be officially published […]

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Orion Energy: Cautionary Tale About Wellness Programs

Manitowoc, Wis.-based Orion Energy Systems violated federal law by requiring an employee to submit to medical exams and inquiries that were not job-related and consistent with business necessity as part of a so-called "wellness program," which was not voluntary, and then by firing the employee when she objected to the program, the Equal Employment Opportunity […]

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