EEOC Updates Definition of ADA Disability

April 20th, 2011 Posted by Amelia

 The EEOC recently backed down from wide ranging expansion of the definition of in the workplace.

 

The agency took the unusual action of eliminating portions of the ADAAA regulations that were most troubling to employers. On March 24, 2011, the adopted the final rule implementing the ADAAA or Americans with Disabilities Act Amendments Act. However, the EEOC stepped back from designating a list of conditions that are always disabilities under ADAAA.

 

Under the new regulations, the EEOC still requires an expansive definition of disability in the workplace. It cautions employers that most employees will not require extensive analysis to determine if they have a disability. However, instead of providing a list of presumed disabilities, the new ADAAA regulations link certain conditions to the individual’s limitation to a major life activity.

 

The definition is important, because under , the Americans with Disabilities Act, employers must grant reasonable accommodations to employees with a disability.

 

Some conditions that are still a disability if they limit a major life activity:

 

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New Utah Immigration Law

April 15th, 2011 Posted by Amelia

has passed an innovative new that creates a program, in direct conflict with .

 

On March 15, 2011 Governor Gary Herbert signed the Immigration Accountability and Enforcement Amendments Act. The ceremony took place at the state capitol in Salt Lake City.

 

Under the new Utah law, undocumented workers would pay $2.500 for a guest worker that allows them to be employed in Utah. Undocumented workers could also apply for a family , which would allow all members of the immediate family to work in Utah.

 

The new law goes into effect on July 1, 2013.Implementation is complex, because currently the guest worker and his employer would still be in violation of federal immigration laws, including the federal Immigration Reform and Control Act or IRCA of 1986. That law imposes penalties on any employer (more…)

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Drunk Employees Not Protected by ADA

April 13th, 2011 Posted by Amelia

A recent court decision upheld the fact that an employer can terminate an employee for being drunk at work, even when the employee is an alcoholic covered by .

 

Alcoholism and drug addiction are often disabilities under ADA, the Americans with Disabilities Act. That requires the employer to give workers time off for treatment. However, it does not require an employer to allow an employee be under the influence of illegal drugs or alcohol at work. Nor does it an employee to drink alcohol or use drugs at work.

 

In a recent case before the 7th Circuit Court of Appeals, Diane Ames worked for The Home Depot, a major home improvement retailer. After five years, Ames approached the employer and disclosed that she was an alcoholic. She requested aid from the Employee Assistance Program or EAP. Home Depot allowed Ames to take a month of paid leave for rehab.

 

Ames returned to work after signing an EAP agreement stating that she would not drink alcohol or be under the influence of alcohol at work. The agreement specified that the consequence for either behavior was (more…)

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18 States Consider Limits on Use of Credit Reports in Screening

March 30th, 2011 Posted by Amelia

Florida, and Montana recently joined 15 states that are considering limits to employers’ use of credit reports in hiring and other .

 

Similar bills are being considered by state legislatures in California, Georgia, Connecticut, Indiana, Maryland, Kentucky, Missouri, New Jersey, Nebraska, New York, New Mexico, Ohio, Texas, Pennsylvania and Vermont. Check back frequently for the latest updates on those bills.

 

By contrast, New Jersey is currently considering a that would allow employers to share an employee’s or former employee’s credit history, work evaluations and other information in the personnel file with prospective employers or government agencies.

 

In the last three years Washington, , and Illinois have passed laws limiting the use of credit reports in hiring. A similar failed to pass in Colorado.

 

In most of these states, the limits to an employer’s use of credit checks apply to all employment decisions. However, the Florida and Michigan bills would only restrict use of credit history in hiring. An employer could still use a for employment decisions regarding current employees.

 

In Florida, Senate Bill 1562 would make use of credit scores an “improper employment practice” unless (more…)

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California May Expand Employee Rights

March 18th, 2011 Posted by Amelia

The California legislature is considering several bills that would impact employers, including a minimum wage increase and extension of family leave rights. Another would protect employees who smoke medical marijuana.

 

Minimum Wage Increase

The California Assembly is considering AB 10, a bill that would increase the state minimum wage from $8.00 to $8.50 per hour. Even more importantly, the bill includes a provision to increase the minimum wage each year based on inflation.

 

Currently at $8.00 per hour, the California minimum wage is tied with Massachusetts for the seventh highest in the nation, after , , Connecticut, Illinois, Nevada and Vermont. About a dozen states have annual cost-of-living increases to the minimum wage, including , Arizona and Colorado.  

 

Expanded Family Leave

A bill before the Assembly would expand the California Family Rights Act or to allow employees to take unpaid, job-protected leave in many more situations.

 

If passed, the expanded CFRA would employees to take time off to care for an adult son or daughter, a mother- or father-in-, grandparent, sister or brother, grandson or granddaughter, or a domestic partner with a serious health condition.

 

The was modeled after the CFRA, one of four current California family rights laws. Currently both and CFRA permit an employee to take time off to (more…)

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