Posts tagged Wisconsin.

A residential care provider has settled an EEOC lawsuit alleging failure to accommodate an employee's pregnancy.

This week, a three-judge panel of the U.S. Court of Appeals for the Seventh Circuit held that a “multimonth leave of absence is beyond the scope of a reasonable accommodation” under the Americans with Disabilities Act.

In doing so, the court rejected longstanding guidance from the Equal Employment Opportunity Commission that a long-term medical leave is a reasonable accommodation when the leave is (1) definite and time-limited (not open ended); (2) requested in advance; and (3) likely to enable the employee to perform the essential job functions on return. Noting that under the EEOC’s position “the length of leave does not matter,” the court characterized it as an “open-ended extension” of leave under the Family and Medical Leave Act.

This will be a long slog.

(You've been warned.)

As I reported Tuesday, a federal judge has ruled that the wellness regulations issued by the Equal Employment Opportunity Commission are invalid. Judge John D. Bates of the District of Columbia did not vacate the rules but remanded them to the EEOC to address the rules' "failings." Now that I've had a chance to read the decision, I ...

Employers, has this ever happened to you?

A guy (we'll call him "Ryan") comes to work for you through a temporary agency. The agency issues the paychecks and generally acts as Ryan's "HR" representative. Your company pays the agency but does not directly pay Ryan.

But when Ryan comes to work, he is supervised by Michael, who is one of your employees. Michael takes Ryan under his ...

I've written here and here about the lawsuit filed by the AARP against the U.S. Equal Employment Opportunity Commission, seeking to invalidate the EEOC regulations relating to wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.

On Wednesday, the EEOC filed a motion asking the court to throw out the lawsuit. The EEOC argues ...

A jury socked it to a Wisconsin employer last year in a Family and Medical Leave Act case, and the U.S. Court of Appeals for the Seventh Circuit recently affirmed.Head slap.flickrCC.OxOx

Well, I take that back. The Seventh Circuit didn't affirm completely -- no, it ordered the trial court to give the plaintiff more in attorneys' fees than she had already won.

Check it out:

Tracy Wink was a clerical employee for ...

A federal judge in the District of Columbia has denied the AARP's request for a preliminary injunction against the wellness rules issued by the Equal Employment OpportunityThumbs Down.flickrCC.CharlesLeBlanc Commission last May. As a result, the EEOC rules -- which establish when participation in an employer-sponsored wellness program is "voluntary" within the meaning of the Americans with Disabilities Act and the ...

The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who've been sued recently in an effort to stop their regulations from taking effect.

MichelleObamaAARP.flickrCC.MikeLicht
DISCLAIMER: The First Lady does not necessarily endorse this lawsuit.

We have the two lawsuits against the U.S. Department of Labor challenging the overtime rule that is scheduled to take effect on ...

Thanks to Law360 for alerting us to this!

Straight from the courthouse to you -- I haven't even read this yet, but here is a copy of the lawsuit, which was filed today in federal court in the Eastern District of Texas.

UPDATE (4:41 p.m. EDT): Here's another one, filed in the same court - this one is some trade groups and a slew of Chambers of Commerce in Texas!

  ...

The Equal Employment Opportunity Commission has issued a sample "wellness notice" that employers can give to employees before they are asked to provide medical information in connection with wellness-related health risk assessments or biometric screenings.

The notice provides information about employees' rights, and will beHuman Body.flickrCC.WilliamCreswell required in some form for all wellness plan years ...

Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
Continue Reading

Subscribe

Back to Page