New Disability Nondiscrimination Advisor Online

May 19th, 2010 Posted by Jolie

        A new online tool from the U.S. Department of Labor will help employers avoid against applicants and employees with disabilities.

 

        The Disability Nondiscrimination Law Advisor  helps employers navigate a complex web of interrelated laws and including , , workers’ compensation laws, and other federal laws. It also enables federal contractors to search for regulations and statutes relevant to their situation.

 

 

        “We made it easier for employers of all sizes to access the talents of the 36 million ,” said Assistant Secretary of Labor for Disability Employment Policy Kathleen Martinez. “By providing this interactive and easy-to-use online tool, workers and employers can readily access and understand their rights and responsibilities under federal nondiscrimination laws.”

 

        The online tool provides employers with up-to-date information on a variety of regulations and laws (more…)

No Comments >> Posted in Federal Labor Laws,Other,Regulations,Workers with Disabilities
Tags: , , , , , , , , ,

Changes to Definition of Disability

October 7th, 2009 Posted by Cara

On September 23, 2009, the EEOC published proposed rules regarding disabilities in the Federal Register.

 

These new rules change the of a under the ADAAA, the of 2008, which went into effect on , 2009. That law requires the to interpret the term “disability” broadly.

 

The law returns the meaning to disability to that enforced by the EEOC in 1990 soon after the ADA was passed. Over time, the courts have continually eroded the under the law, requiring more proof of more severe impairments.

 

Some of the notable changes that employers need to be aware of:

 

An that substantially limits a major bodily function is sufficient to constitute a disability. Under the old , a condition like cancer or AIDS did not in and of itself, constitute an impairment. The employee had to show that he or she was limited in major life functions by the condition. Under the new regulations, such a condition in and of itself is a disability.

 

Mitigating measures must be disregarded. (more…)

No Comments >> Posted in Federal Labor Laws,Other,Regulations,Workers with Disabilities
Tags: , , , , ,

New Definition of Disability

September 25th, 2009 Posted by Amelia

The federal EEOC just published new regulations that redefine under the Americans with Disabilities Act.

 

The new regulations specifically address the of disability within the ADAAA of 2008, which has been in effect since , 2009.

 

Under the new rule, certain impairments will create a presumption of disability. These impairments include epilepsy, diabetes, multiple sclerosis, developmental disabilities, deafness, blindness, use of a wheelchair due to mobility problems, autism, cerebral palsy, HIV/AIDS, muscular dystrophy, major depression, bipolar disorder, partial or complete amputations, post-traumatic stress disorder, obsessive-compulsive disorder and schizophrenia.

 

The new ADA rules mean that an employee who has been diagnosed with any of those conditions is presumed to be disabled and entitled to reasonable accommodation.

 

This may seem to be a common-sense approach to disabilities, but it has not always been so.

 

Under the old , each employee claiming a disability had to individually demonstrate that the condition limited one or more major life activities. A very large company might have 10 blind employees. Each blind employee would have to individually prove that blindness impaired their performance at one or more major life activities like reading, walking, using a phone book, using public transportation, cooking, shopping, personal grooming, etc.

 

An individualized assessment of whether a substantial limitation exists should still be done, according to the . However, the federal agency claims this “can be done very quickly and easily with respect to these types of impairments, and will consistently result in a finding of disability.”

 

Employers should note that the list of impairments is not exhaustive. Other conditions (more…)

No Comments >> Posted in Federal Labor Laws,Regulations,Workers with Disabilities
Tags: , , , , , , , , ,

Understanding the 2009 Equal Employment Opportunity Commission Changes

October 16th, 2008 Posted by Amelia

Recent to Equal Employment Opportunity Commission or  EEOC , which will go into effect on , 2009, update the of a under the law. It’s vital for every employer to be aware of these changes.

 

Originally, the took a very broad view of the term “disability” under the , or Americans with Disabilities Act of 1990. Since that time, a number of decisions have narrowed the definition of a disability considerably.

 

It’s important to understand the history of these regulations. In one of the most obvious cases, the Supreme Court ruled that an employee was considered not to have a disability if the employee, using a mitigating measure, (more…)

No Comments >> Posted in Equal Employment Opportunity,Federal Labor Laws,Regulations,Workers with Disabilities
Tags: , , , , , , , , , , , , , , , , , , , , , , ,

New 2009 Law Redefines Disability under the Americans with Disabilities Act

October 14th, 2008 Posted by Amelia

A number of employees, who were not disabled in 2008, will legally be considered disabled in 2009, without any change in their condition.

 

A new law signed by on September 25, 2008 includes major in related to disabled employees. These changes, which are effective , 2009, affect every employer who has an impaired worker, or may have one in the future.

 

The Act () Act changes the (more…)

No Comments >> Posted in Equal Employment Opportunity,Federal Labor Laws,Regulations,Workers with Disabilities
Tags: , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

1  2  3  4  5  6  7  8  9  10   Next >>