EEOC to Take Final Action on Rules Implementing ADA Amendments Act of 2008

WASHINGTON, D.C. - The EEOC plans to take final action in July 2010 to revise its Americans With Disabilities Act (ADA) regulations and accompanying interpretative guidance (29 CFR part 1630 and accompanying appendix) in order to implement the ADA Amendments Act of 2008. Pursuant to the 2008 amendments...

Employment Alert: EEOC Claims U.S. Steel's Alcohol Testing Policy Violates ADA

On September 30, 2010, the Equal Employment Opportunity Commission (EEOC) filed suit against the U.S. Steel Corporation and the United Steelworkers of America, Local 1557, claiming that U.S. Steel's random alcohol testing policy, authorized under its collective bargaining agreement with the union...

Job Bias Claims Set New Record On Disability Surge

WASHINGTON, D.C. - (AP) Federal job bias complaints climbed to record levels last year, led by a surge in workers claiming discrimination based on disability. The Equal Employment Opportunity Commission says charges of disability discrimination rose by about 17 percent to 25,165 claims. Overall, the...

EEOC Issues Final Regulations to Implement the ADA Amendments Act (ADAAA)

The final regulations and accompanying interpretive guidance implementing the Americans with Disabilities Act Amendments Act (ADAAA) were issued today by the Equal Employment Opportunity Commission. As explained by the EEOC , the ADAAA: directs the EEOC to revise the portion of its regulations...

Summary of the EEOC’s Final Regulations for the ADAAA – What Companies Should Know (Part One)

The Equal Employment Opportunity Commission has issued regulations implementing the Americans with Disabilities Act Amendments Act (referred to as the ADAAA or the Amendments Act), providing further interpretive guidance for the statutory amendments. One of the central purposes of the Amendments...

Summary of the EEOC’s Final Regulations for the ADAAA – What Companies Should Know (Part Two)

Last week I summarized the new ADA regulations issued by the EEOC; therefore, I figured this week I would focus on some of the nuances of the regulations that are worth keeping an eye on. While it is clear the definition of disability is to be construed broadly, the EEOC has also provided nine...

Ashley Kasarjian Discusses EEOC Regulations Implementing the ADAAA

On this edition, Ashley Kasarjian of Snell & Wilmer's Phoenix, AZ office, discusses how recent EEOC regulations issued in March 2011 interplay with statutory changes to the Americans with Disabilities Act that became effective in early 2009. She reviews specific areas addressed by the regulations...

Reasonable Accommodation for Pregnant Employees

Our friends at the U.S. Equal Employment Opportunity Commission recently scored another big win in a pregnancy discrimination case -- actually got summary judgment against the employer, which is unusual. In this case, the employer apparently knew it had messed up and failed to contest the EEOC's...

10 Reasons for Employers to Be Jolly About the ADA (Says the EEOC)

The American Bar Association sponsored a webinar this week on the Americans with Disabilities Act, which was noteworthy for its inclusion of EEOC commissioners Chai Feldblum (Democrat) and Victoria Lipnic (Republican). I'm usually such a doom-and-gloomer when it comes to the amended version...

Court Holds That Requiring an Employee to Undergo Psyhological Counseling May Violate ADA

On August 22, 2012, the U.S. Court of Appeals for the Sixth Circuit in Kroll v. White Lake Ambulance Authority , ___ F.3d ___, Case No. 10-2348, held that requiring an employee to undergo psychological counseling may violate the Americans with Disabilities Act. The ADA states: "A covered entity...

Arkansas: Claimant May Pursue Comp Benefits in Spite of Claim During EEOC Dispute That She Was Capable of Working

A divided Arkansas appellate court recently held that a former employer that paid $60,000 to a former employee to settle the latter’s EEOC & ADA charges might be entitled to at least a partial credit under Ark. Code Ann. § 11-9-807 against future workers’ compensation disability...