Another Domino Falls in Leave as an ADA Accommodation: Golden v. IHA Follows in Severson’s Footsteps

Last month, we blogged about the groundbreaking case of Severson v. Heartland Woodcraft, Inc., which – at least for the 7th circuit –reigned in leave as an accommodation under the Americans with Disabilities Act (ADA), in contrast to the more forgiving guidance issued by the Equal Employment Opportunity Coalition (EEOC). To recap, the court in Severson … Continued

Long-Awaited EEOC Guidance on Leave as an Accommodation Finally Released

Yesterday, the Equal Employment Opportunity Commission (EEOC) released its long-awaited guidance regarding leave as an accommodation, “Employer-Provided Leave and the Americans with Disabilities Act.” The EEOC has not provided significant direction on leave as an accommodation since 2002, when it issued the broader report, “Enforcement Guidance Regarding Reasonable Accommodation and Undue Hardship Under the Americans … Continued

An Informal Chat with EEOC Commissioners Feldblum and Lipnic

Some people get excited about backstage passes to a concert. At Reed Group, the opportunity to meet and discuss leave issues with EEOC commissioners gets our engines running.  This week, I had the good fortune to meet with Commissioners Feldblum and Lipnic of the Equal Employment Opportunity Commission (EEOC), as part of an informal discussion … Continued

When 12 Weeks of Leave is Just the Beginning…

Employers know that terminating an employee because they are disabled is against federal law, according to the Americans with Disabilities Act,  but what happens when the employee needs a leave of absence and their FMLA benefits have run out?  Providing leave as a reasonable accommodation is nothing new.  We have studied this issue extensively and published … Continued

Whirlwind week brings Major Changes in our Leave Landscape

Supreme Court Rules: Same Sex Marriage is Legal in all 50 states In the biggest news this week, the Supreme Court issued a long-awaited decision in Obergefell v. Hodges, ruling that the Constitution requires all states to license same-sex marriages AND recognize same-sex marriages licensed and performed out-of-state.  We’ve blogged about same-sex marriage laws quite … Continued

New Guidance on Pregnancy Enforcement From The EEOC – It Impacts Leaves of Absence and Workplace Accommodations

By Megan Holstein and Lori Welty The U.S. Equal Employment Opportunity Commission (EEOC) just updated its guidance regarding pregnant employees. We’ve been waiting for this: on June 14th, the EEOC announced its issuance of a new guidance for employers regarding pregnancy discrimination and accommodations for pregnancy-related conditions under the Pregnancy Discrimination Act (PDA) and the Americans with Disabilities … Continued

New Resources: FMLA and Mental Health

Reed Group’s Chief Compliance Officer, Marti Cardi, was a lead speaker at the opening sessions of the 2013 Annual conference for the Disability Management Employer Coalition in Atlanta last week.  The conference focused this year on mental and behavioral health issues.  Keynote speaker Rosalynn Carter addressed the Mental Health Parity and Addiction Equity Act and … Continued

EEOC strikes again! $4.85 million consent decree punishing inflexible leave policies in violation of ADA

Marti Cardi, J.D., Chief Compliance Officer Megan G. Holstein, J.D., Senior Counsel On November 8, 2012, the EEOC achieved yet another multi-million dollar settlement in a lawsuit alleging systematic disability discrimination, specifically targeting an employer’s inflexible leave policy.  Specifically, the employer’s policies required two things: first, any employee who took a leave of absence for … Continued