On April 16, 2015, the EEOC issued its long awaited, and much anticipated, proposed rules on wellness programs as they relate to the requirements and restrictions of the Americans with Disabilities Act (ADA). Once finalized, these rules will be the critical guide for employers on how they can sponsor a wellness program without running the risk of liability for violating the ADA.Read More
The Paley Rothman Blog
Paley Rothman shares this library of resources with clients and friends of the firm to help them stay ahead of legal and business developments and trends. Here, you will find helpful tips and tools written by our attorneys.
Regardless of industry, size, or geography most employers will, at some point, be faced with the issue of how to handle a pregnant employee. On July 14, 2014, the EEOC issued new enforcement guidance on pregnancy discrimination. This is the first new guidance that the EEOC has published on this issue in over 30 years and has important implications for employers and employees alike.Read More
The Supreme Court agreed to hear a controversial case next year on the EEOC’s obligation to conciliate or negotiate with employers prior to the EEOC filing suit. While most EEOC charges result in the individuals seeking private counsel to pursue their claims, if the EEOC itself seeks to sue your company, Title VII of the Civil Rights Act of 1964 requires the EEOC to conciliate in good faith before bringing suit.Read More
Take-away: Temporary but sufficiently severe impairments, whether caused by injury or permanent conditions, should be considered disabilities for purposes of the ADA and for triggering the employer’s obligation to engage in the interactive process. On January 23, 2014, in Summers v. Altarum Institute, Corporation, (Case No. 13-1645, 4th Cir., January 23, 2014 ), the United States Court of Appeals for the Fourth Circuit held, in a case of first impression, that a temporary impairment, if sufficiently severe, can qualify as a disability under the ADA and the ADAAA, triggering a reasonable accommodation obligation for the employer.Read More