Americans with Disabilities Act Archives

How to Handle an Influx of HR Accommodation Requests

by Laurie Baddon | Jul 8, 2021 | Employee Benefits, Employment

As employees begin to return to their offices, human resource teams are being inundated with accommodation requests. The reasons behind these requests include:

Concerns about COVID-19 exposure;
Convenience of working from home;
Lack of child care options and costs of care; and
Weariness of daily commute.

McDermott’s Laurie Baddon says in an article published in SHRM that employers should share their policies with their workforces well in advance to give HR and legal teams time to process and assess accommodation requests.

Access the article.

COVID-19 Vaccine Q&A

by Joseph K. Mulherin, Kathleen Quinn, Troy Van Dongen and McDermott Will & Emery | Jul 7, 2021 | Employee Benefits, Employment, Health and Welfare Plans

Can employers mandate some employees get the vaccine and not others? Is there an obligation to consider requiring a COVID-19 test before coming back to work? What are the potential workers’ compensation claims relating to possible adverse reactions to a vaccine? Should employers mandate vaccinations?

In this article, McDermott partners Carole Spink, Joseph Mulherin, Kathleen Quinn and Troy Van Dongen answer common employer questions about the COVID-19 vaccine.

Access the article.

What to Do When Scared Workers Do Not Respond to Work Due to COVID-19

by Pankit Doshi | Aug 4, 2020 | Employment

Some essential workers are refusing to go to work out of fear of contracting COVID-19. Their employers must weigh the employees’ legal rights and understandable health concerns with the organizations’ business needs. It can be a tough balancing act.

In a recent article, McDermott Partner Pankit Doshi said employers may relax documentation requirements due to the difficulty some employees could have obtaining access to medical providers during the pandemic and to encourage ill employees to stay away from work.

Access the article.

Worker Safety, Privacy Clash as Temperature Checks Become Norm

by Michael J. Sheehan | Jun 18, 2020 | Employment, Privacy and Data Security

Employers are poised to collect health data from their workforces daily as they adopt temperature checks and other screening protocols to fight the coronavirus, triggering concerns about workers’ privacy and whether the practices will continue beyond the pandemic.

“The temperature checks give employees and customers the feeling of safety and the idea that the company is doing everything possible, even if the screenings don’t protect the workplace,” said Michael Sheehan, a partner with McDermott Will & Emery, in a recent Bloomberg Law article.

Access the full article.

COVID-19: FAQs on Employees Experiencing Symptoms and Employee Absences

by Michelle S. Strowhiro | Jun 8, 2020 | Employment, Health and Welfare Plans, Privacy and Data Security

With rapid developments in local, state and federal guidance and law, the appropriate approach for each employer in relation to COVID-19 will vary depending on the nature of their work, the industries served and their location and size, among other considerations. This article outlines what employers need to know about employees experiencing symptoms and employee absences.

Access the full article.

What to Know Before Enforcing a Nicotine-Free Workplace

by Aaron P. Sayers, Erin Steele and Jacob Mattinson | Feb 11, 2020 | Employee Benefits, Employment, Health and Welfare Plans, Labor

Certain employers might prefer to avoid hiring nicotine users: smokers, dippers and vapers alike. U-Haul International Inc. is doing so, with a policy that went into effect on February 1. Thus, this is an opportune moment to examine why employers might consider doing likewise, the legal ramifications of such policies and the alternatives for encouraging healthier workforces.

McDermott’s Jacob M. Mattinson, Aaron Sayers and Erin Steele contribute to a Law360 article exploring the practical and legal considerations related to a workplace nicotine ban, the impact on healthcare costs, whether employers can use health plan information to fire nicotine users once hired, and how other employers are addressing the costs of nicotine usage in their workforces.

Access the full article.

Originally published on Law360, January 2020

Court to the Equal Employment Opportunity Commission: “Try Again” on Wellness Rules

by Anthony A. Bongiorno and Megan Mardy | Aug 29, 2017 | Employee Benefits, Employment, Health and Welfare Plans

In October 2016, the American Association of Retired Persons (AARP) sued the US Equal Employment Opportunity Commission (EEOC) in the US District Court for the District of Columbia seeking an injunction against the latest iteration of wellness program regulations. The final EEOC regulations issued last year offer employers a roadmap for offering employee wellness programs that pass muster as “voluntary” examinations under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act of 2008 (GINA). In response, AARP argued that the EEOC failed to adequately justify the new rules and abused its regulatory power by reversing course on its long-standing position against wellness programs.

Wellness Incentive Programs: Navigating Legal Landmines and Designing Effective Employee Communication Strategies

by McDermott Will & Emery | Oct 18, 2016 | Employee Benefits, Employment, Health and Welfare Plans

This year’s Employer Healthcare & Benefits Congress featured a presentation by Susan Nash that addressed the many shapes and sizes of wellness programs today. Programs are typically designed to promote health and to educate employees about prevention, but some are disease management oriented, while others are designed to improve the general overall health of an employee population.

Presentation focal points included:

HIPAA Nondiscrimination Rules
Tri-Agency Guidance under ACA on Wellness Programs
Americans with Disabilities Act and GINA
EEOC Enforcement of ADA and Final Regulations
Internal Revenue Code Limitations

View presentation slides.

EEOC Model Wellness Program Notice

by McDermott Will & Emery | Jun 16, 2016 | Employee Benefits, Employment, Health and Welfare Plans

Today, the EEOC issued its model notice to be used in conjunction with wellness programs that ask disability related inquiries or require medical examinations. The notice requirement applies prospectively to employer wellness programs as of the first day of the plan year that begins on or after January 1, 2017, for the health plan used to determine the level of incentive permitted under the regulations. An employer’s HIPAA notice of privacy practices may suffice to satisfy the ADA notice requirements if it contains the ADA-required information. However, given the timing requirements for distribution of the HIPAA notice and the fact that the EEOC rules apply to wellness programs outside of the group health plan, a separate ADA notice may be required.

Questions and Answers: Sample Notice for Employees Regarding Employer Wellness Programs

Sample Notice for Employer-Sponsored Wellness Programs

EEOC Releases Final Wellness Program Regulations Related to the Genetic Information Nondiscrimination Act and the Americans with Disabilities Act

by McDermott Will & Emery | Jun 15, 2016 | Employee Benefits, Employment, Health and Welfare Plans

The US Equal Employment Opportunity Commission (EEOC) recently released final wellness plan regulations providing guidance on how employer wellness programs may comply with Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA). The EEOC made it very clear that compliance with the HIPAA nondiscrimination rules does not necessarily mean that an employer is in compliance with the final wellness program rules under the ADA or GINA.

Read the full article.

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