Americans with Disabilities Act (ADA) Marks 28th Anniversay

The Americans with Disabilities Act (ADA) was signed into law on July 26, 1990, by President George H.W. Bush. Thus today marks its 28th anniversary. The ADA is one of America’s most comprehensive pieces of civil rights legislation that prohibits discrimination and guarantees that people with disabilities have the same opportunities as everyone else to […]

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Is Extended Leave a Reasonable Accommodation under the ADA?

This week, the Supreme Court turned down a review of a ruling by the 7th U.S. Circuit Court of Appeals that extended leave under the Americans with Disabilities Act (ADA) is not a “reasonable accommodation” under the letter of the law. Two other circuit courts — the 10th and 11th — have issued similar rulings. […]

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HHS Chief Says He Will Uphold the ACA

Health and Human Services (HHS) head Alex Azar, when pressed about the legality of Idaho’s plan to market non-Affordable Care Act (ACA) health policies, affirmed his support for the 2010 legislation that in essence federalizes standards for health insurance. “I’m not aware that our opinions or views have been solicited,” Azar said. “There are rules, […]

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DOJ Withdraws 25 Guidance Documents for 2017

Attorney General Jeff Sessions has announced that, pursuant to Executive Order 13777 and his November memorandum prohibiting certain guidance documents, he is rescinding 25 such Department of Justice (DOJ) documents that were deemed unnecessary, inconsistent with existing law, or otherwise improper. In making the announcement, the Attorney General said: Last month, I ended the longstanding abuse of […]

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Appeals Court Rules the ADA Is Not a Leave Entitlement

In a case involving a worker who exhausted his Family and Medical Leave Act (FMLA) 12 weeks of leave and then requested more time off under the Americans with Disabilities Act (ADA), the 7th U.S. Circuit Court of Appeals ruled that the “ADA is an antidiscrimination statute, not a medical-leave entitlement.” In Severson v. Heartland Woodcraft, Inc., the […]

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Judge Orders EEOC to Reconsider Its Wellness Rule

A federal judge has granted summary judgment to the AARP in its suit against the Equal Employment Opportunity Commission (EEOC) over the latter’s May 2016 wellness rule concerning company-run wellness programs. Judge John D. Bates of the U.S. District Court for the District of Columbia on Aug. 22 issued a memorandum, siding with the plaintiff’s argument […]

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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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