On August 29, 2016, the EEOC issued new Enforcement Guidance on Retaliation which replaces its 1998 Compliance Manual section on retaliation. The Guidance also addresses the separate “interference” provision under the Americans with Disabilities Act (ADA), which prohibits coercion, threats, or other acts that interfere with the exercise of ADA rights. According to the EEOC,
The EEOC’s Final Rules On Employer Wellness Programs
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently issued two final rules confirming that employers can offer limited incentives (in the form of a reward or avoidance of a penalty) to encourage employees and their spouses to participate in workplace wellness programs. Under these new rules, employers who offer wellness programs will be allowed to
THE EEOC JUST KEEPS ON GIVING! New “Guidance” Document Re: Employer-Provided Leaves And The ADA
On May 9, 2016 the EEOC issued yet another “guide” – this time to outline its position on when and how leave must be granted for reasons related to an employee’s disability under the Americans
with Disabilities Act (“ADA”). The publication, entitled “Employer-Provided Leave and the Americans with Disabilities Act,” contains information on the
Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination
Joining similar holdings from several other circuits, the Ninth Circuit
recently held in Mayo v. PCC Structurals, Inc. that a depressed employee who threatened to kill his co-workers and was thereafter fired was not a qualified individual under the ADA. The court therefore affirmed the district court’s summary judgment on the employee’s disability discrimination claim.
Stress, Depression, and Bullying Lead Employee to Threaten Co-Workers’ Lives
The plaintiff, Timothy Mayo, welded aircraft parts for PCC Structurals. In 1999, Mayo was diagnosed with major depressive disorder (MDD). Despite the diagnosis, he continued working without incident for years. In 2010, that changed. Mayo and some other co-workers felt they were being bullied by their supervisor. Following a co-worker’s complaint and a subsequent meeting to discuss the bullying, Mayo told three different co-workers that he wanted to kill the supervisor. He told one co-worker that he felt like bringing a shotgun to work and “blowing off” the supervisor and others’ heads. He told another co-worker that he wanted to “bring a gun down and start shooting people,” explaining that 1:30 p.m. was an optimal time because all of the supervisors would be present. Pretty scary stuff.
Mayo’s co-workers reported the threats and HR reached out to him. He told an HR representative that he “couldn’t guarantee” he wouldn’t carry out the threats. PCC suspended him and called the police, who in turn took Mayo into custody for six days on the basis that he was a threat to himself and others. After his release, Mayo spent two months on FMLA leave. His doctor thereafter cleared him to return to work but suggested that he be assigned a different supervisor. Instead, PCC fired him.Continue Reading Ninth Circuit Says Employee Who Made Death Threats Against His Co-Workers Could Not Sue His Employer For Disability Discrimination
EEOC Weighs in on Employer Wellness Programs
Employer-sponsored “wellness programs” have become very popular, and are touted for the potential benefits to employees and employers alike: reduced absenteeism, lowered health care costs, reduced injuries, improved morale and productivity. But are these programs compliant with the ADA and other federal laws?
The U.S. Equal Employment Opportunity Commission (“EEOC”) has issued proposed regulations that are hoped to help employers make the most out of wellness programs while complying with the Americans with Disabilities Act (“ADA”). The EEOC is also publishing a fact sheet for small businesses and a “Q&A” for the general public.
Key points from the guidelines:
Employers covered by the ADA (i.e. with 15 or more employees), who generally are restricted from collecting medical information from employees under the ADA, can do so as part of a wellness program. The wellness program must be designed to promote health and prevent disease, and must have a “reasonable chance” of improving health or prevent disease. If it is, an employer may conduct voluntary medical examinations, including voluntary medical histories, as part of an employee health program available to employees, but still must comply with the ADA, including non-discrimination, reasonable accommodation, and confidentiality requirements.
Continue Reading EEOC Weighs in on Employer Wellness Programs