Posts Tagged ‘ADA’

The Genetic Information Nondiscrimination Act (GINA) prohibits the gathering of genetic information from employees or new hires unless such information  is deemed "job-related and consistent with business necessity." Another exception pertains to voluntary wellness programs, with the stipulation that the information obtained is kept confidential and not used in a manner that violates the Americans [...]

In a recent informal discussion letter, the Equal Employment Opportunity Commission (EEOC) suggested that employers who maintain both personal health information (PHI) and occupational health information in a single employee file are probably violating the privacy provisions of both the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Both acts severely [...]

On Tuesday, July 26, 2011, the Americans with Disabilities Act (ADA) celebrates its 21st anniversary, having been signed into law on this same day in 1990 by President George H.W. Bush. Ironically, after erosion of some categories of protection in the landmark legislation, President George W. Bush, the former president's son, signed into law the [...]

In June the Equal Employment Opportunity Commission (EEOC) held hearings on leave as a reasonable accommodation for employees with disabilities, warning that inflexible company policies would incur EEOC legal wrath, and today that warning turned into reality as Verizon was forced to accept a $20-million settlement of a lawsuit over its hard-core absence policy. The [...]

Both the Americans With Disabilities Act (ADA) of 1990 and the Rehabilitation Act of 1974 contain privacy protection for employees and their company-retained medical records, but a narrow exception in these acts allows for the release of such information if requested by a court order. However, the Equal Employment Opportunity Commission (EEOC) in a recent [...]

The Office of Management and Budget (OMB) reportedly has approved the Equal Employment Opportunity Commission (EEOC) proposed final regulations for the ADA Amendments Act (ADAAA). The EEOC, if this is the case, is free to publish the final regulations in the Federal Register and begin enforcing their provisions after a stated period of time. The [...]

The U.S. Department of Justice's amended Final Rule concerning the Americans With Disabilities Act (ADA) takes effect tomorrow, March 15, 2011, replacing the 1991 act's Standards for Accessible Design with a more vigorous 2010 set of standards. The 2010 Standards for Accessible Design provide new specifications for a wide range of architectural access features, including [...]

Congress has passed and the president signed legislation expanding on the rights of disabled persons to use, access and enjoy the benefits of modern technology on computers, smartphones, televisions and other communication devices. "The 21st Century Communications and Video Accessibility Act will make it easier for people who are deaf, blind or live with a [...]

In wake of the enactment of the Americans With Disabilities Amendments Act (ADAAA), with its broader and more vigorous definition of what constitutes a disability, the courts are now rendering decisions that reverse and/or contradict earlier decisions rendered pre-ADAAA. Case in point: In one of the first decisions to interpret the new Americans with Disabilities [...]

With three lawsuits already filed, the Equal Opportunity Employment Commission (EEOC) has begun "vigorously" (in its words) enforcing the Americans With Disabilities Amendments Act (ADAAA), this despite the fact that final regulations have yet to be issued for the ADAAA. According to the EEOC, the cases were all filed under the broader definition of "disability" [...]