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The Equal Employment Opportunity Commission has sued a Dallas-area tele-marketing firm for violating the Americans with Disabilities Act by firing an employee with multiple sclerosis, according to the Dallas Business Journal. The suit, filed last week in federal district court in Dallas, alleges that Mannatech, Inc. engaged in “unlawful employment practices” by firing the worker, Jill Roberts, from her job in a call center because of her disability. According to the EEOC’s complaint, Roberts also asked for a “reasonable accommodation to use the restroom on an as-needed basis.” That request was denied, the EEOC’s court records allege. Roberts has multiple sclerosis, court records say, along with a condition called neurogenic bladder syndrome, which she developed as a consequence of the multiple sclerosis. Multiple sclerosis is a disease in which nerve cells of the brain and spinal cord are attacked by the body’s immune system. Mannatech is a tele-marketing firm that sells vitamin, ... keep reading »
Asking an employee to disclose health information before joining a health-insurance plan could be against the Americans with Disabilities Act, according to The Wall Street Journal. More employers are requiring employees to fill out health-risk assessments, or HRAs, if they want to be eligible for the company’s health plan. These surveys include questions about workers’ habits, personal health and family medical histories. Employers, who typically subsidize 70 percent to 80 percent of healthcare premiums, want to ensure that workers are taking all the necessary steps to manage their health and use the HRA results to plan employer-sponsored wellness programs, such as smoking cessation and weight-loss courses. The Equal Employment Opportunity Commission, the agency that protects ADA policy in the workplace — and can initiate lawsuits on the behalf of employees — says that although the EEOC hasn’t taken a formal position, they believe “that [such a] proposed policy would violate provisions of the ... keep reading »
The U.S. Equal Employment Opportunity Commission (EEOC) will meet Wednesday in Washington to consider new regulations covering the recently amended Americans with Disabilities Act. The meeting will begin at 10 a.m. at EEOC agency headquarters and will be open to the public. The 2008 Amendments Act, which was signed by President George Walker Bush and went into effect Jan. 1, 2009, emphasizes that the definition of disability should be construed in favor of broad coverage of individuals to the maximum extent permitted by the terms of the ADA and generally shall not require extensive analysis. The Act also makes important changes to the definition of the term “disability” by rejecting the holdings in several Supreme Court decisions and portions of EEOC’s ADA regulations. The effect of these changes is to make it easier for an individual seeking protection under the ADA to establish that he or she has a disability within the ... keep reading »

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