EEOC CHALLENGES WELLNESS PROGRAM UNDER ADA

August 21, 2014

The U.S. Equal Employment Opportunity Commission (EEOC) has charged in a lawsuit that Manitowoc, Wisconsin-based Orion Energy Systems violated federal law by requiring an employee to submit to medical exams and inquiries that were not job-related and consistent with business necessity as part of a wellness program, which was not voluntary, and then by firing the employee when she objected to the program. Read the rest of this entry »


CARDIAC SCIENCE CORPORATION TO PAY $50,000 TO SETTLE EEOC SUIT

August 11, 2014

Cardiac Science Corporation, an international manufacturer of diagnostic and therapeutic cardiology products based in Waukesha, Wis., will pay $50,000 and furnish other relief under a consent decree entered by a federal court in a retaliation lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).  This case involved both Title VII of the Civil Rights Act of 1964 and the Americans with Disabilities Act (ADA). Read the rest of this entry »


HEALTH SYSTEM PAYS $1.35 MILLION TO SETTLE EEOC DISABILITY SUIT

July 25, 2014

Princeton HealthCare System (PHCS), which operates an inpatient hospital and several outpatient medical facilities, will pay $1,350,000 and will undertake significant remedial measures to settle a disability discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC).
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EEOC ISSUES UPDATED ENFORCEMENT GUIDANCE ON PREGNANCY

July 15, 2014

The U.S. Equal Employment Opportunity Commission (EEOC) has issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a question and answer document about the guidance and a Fact Sheet for Small Businesses.  This is the first comprehensive update of the EEOC’s guidance on the subject of discrimination against pregnant workers since the 1983 publication of a Compliance Manual chapter on the subject.

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10TH CIRCUIT SAYS LEAVE OF MORE THAN 6 MONTHS IS UNREASONABLE

June 9, 2014

Must an employer allow employees more than 6 months’ sick leave or face liability under the Rehabilitation Act?  According to the United States Court of Appeals for the Tenth Circuit, the answer is almost always no. Read the rest of this entry »


6TH CIRCUIT FINDS TELECOMMUTING CAN BE REASONABLE

April 30, 2014

The United States Court of Appeals for the Sixth Circuit has found that telecommuting can be a reasonable accommodation under the Americans with Disabilities Act (ADA).  In a departure from precedents that held that attendance was almost always an essential job function, the court held that changes in technology have rendered attendance nonessential for many jobs because the “workplace” is anywhere that an employee can perform his or her job. Read the rest of this entry »


HEALTH SYSTEM TO PAY $180,000 TO SETTLE DISABILITY LAWSUIT

April 20, 2014

Upper Chesapeake Health System, Inc., a health care provider in northeastern Maryland, will pay $180,000 and furnish equitable relief to settle a disability discrimination and retaliation lawsuit, the U.S. Equal Employment Opportunity Commission (EEOC) has announced.  According to the EEOC’s suit, Deborah Ropiski consistently received good performance evaluations and positive patient feedback during her 19 years of employment with the Upper Chesapeake Health System. Read the rest of this entry »