Published: August 24, 2017

We previously reported that AARP was attempting to stop the EEOC’s final wellness program rules under the American with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) from taking effect on January 1, 2017.  AARP’s motion was denied by the D.C. District Court.

. . . . . .

Published: August 18, 2017

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who uses marijuana for medical purposes.   This is the second court decision finding that an individual may pursue a claim when adverse action is taken by the employer for a positive marijuana drug test when the individual is a medical marijuana user (we discussed the first court decision

. . . . . .

Published: July 24, 2017

The July 20, 2017 White House release of the Trump Administration’s updated Unified Agenda of Regulatory and Deregulatory Actions is the first clear indication of a shift by the Department of Justice on priorities under ADA Title II and III. The Obama Administration’s Fall 2016 Agenda had included proposed rules regarding non-discrimination in the accessibility of Web information in State and Local government services (ADA Title II), as the next step in addressing web accessibility.

. . . . . .

Published: May 30, 2017

Earlier this month, in the first known transgender rights disability discrimination case,  a judge in the US District Court for the Eastern District of Pennsylvania held that a person who suffers from gender dysphoria may be protected by the American with Disabilities Act’s (ADA) prohibition on discrimination in employment.  In particular, Judge Joseph F. Leeson, Jr. held that gender dysphoria does not fall within the category of “gender identity disorders” which are excluded by the ADA, using a narrow interpretation of that term.

. . . . . .

Published: March 22, 2017

The Second Circuit was “on point” when it reminded us about an old proposition in a brand new way this week. In the case of Stevens v. Rite Aid Corporation, the panel held that Rite Aid was justified in terminating a pharmacist with a needle phobia under the ADA after finding that no reasonable accommodation could have allowed him to perform his essential job functions.

. . . . . .

Published: February 3, 2017

On January 25, 2017, the U. S. Court of Appeals for the Seventh Circuit issued a decision in the case of Equal Employment Opportunity Commission v. Flambeau, Inc. In Flambeau, the EEOC claimed the employer’s wellness program violated the American with Disabilities Act (ADA), since an employee was required to complete both a health risk assessment and biometric screening in order to be eligible for the employer’s health coverage.

. . . . . .

Published: January 2, 2017

The Equal Employment Opportunity Commission (EEOC) recently issued final regulations under the American with Disabilities Act (ADA) and Genetic Information Nondiscrimination Act (GINA) with respect to employer-wellness programs, which took effect on January 1, 2017.  Collectively, with the rules under HIPAA for wellness programs, these rules help establish the legal landscape for employers desiring to design such programs.  The ADA final regulations permit employers to make disability-related inquiries and medical examinations as part of their wellness program as long as the

. . . . . .

Published: December 14, 2016

This week, the U.S. Equal Employment Opportunity Commission (EEOC) issued a resource document that provides employees with mental health conditions an explanation of their rights under the Americans with Disabilities Act (ADA).  

The publication (available here), offers answers to a series of questions relating to workplace discrimination and harassment, privacy rights, and rights to reasonable accommodations, including the following:

. . . . . .