The EEOC has issued its long awaited proposed regulations interpreting the Americans With Disabilities Amendments Act of 2008. The proposed regulations explain the new broad standard for determining whether an individual is disabled. Under the proposed regulations, mitigating measures, such as medication or assistive devices, must be disregarded when determining whether an individual is disabled. (The only specific exception is that eyeglasses/contact lenses can be considered.) Thus, it generally is the individual’s non-medicated condition that must be considered in analyzing whether the condition substantially li...
California's Fair Employment and Housing Commission (FEHC) has published proposed regulations concerning California's pregnancy disability leave requirements. The proposed regulations cover issues such as eligibility for leave, length of leave and minimum increments of leave, reasonable accommodation issues such as job transfers, use of paid time off during leave, and the parameters surrounding the right to reinstatement upon return from leave. The FEHC is holding public law which protects disabled employees from discrimination. Chapter 216 of the Iowa Code provides protection for disabled workers as well.
A covered employer under the federal law means any business with at least 15 employees. The Iowa law covers all businesses with employees.
Both the federal and state laws protect qualified individuals with a disability against employment discrimination. Disability includes a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an i...
The EEOC recently issued a proposed rule explaining the “reasonable factors other than age” (RFOA) defense under the Age Discrimination in Employment Act (ADEA). The RFOA defense shields an employer from liability in a disparate impact age discrimination case where the employer establishes that the challenged practice, even though shown to have a disparate impact on older workers, was facially neutral and based on reasonable factors other than age.
Under the EEOC’s proposed rule, for the RFOA defense to apply, the challenged practice must be found to be objectively reasonable in the eyes of a reasonable employer in similar circumstances. The...
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A few weeks ago, the EEOC released new proposed regulations interpreting the ADA Amendments Act. These proposed regulations and the Act have raised questions for employers even well-versed on disability-related issues. Many want to know: What disabilities are covered? How should we deal with requests for accommodations in light of the new laws and proposed regulations?
We'...
