Tag Archive | ADA

WHD Expands FMLA Protections for Employees with Disabled Adult Children

On January 14, 2013, the Wage and Hour Division (WHD) of the Department of Labor published an interpretation on the definition of “son or daughter” as it applies to someone 18 years old or older and incapable of self-care because of a mental or physical disability. This means that an otherwise eligible employee will be […]

Do You Know The EEOC Targets?

The EEOC has made it clear exactly what problems it intends to target going forward in its Strategic Enforcement Plan, including systemic recruitment, harassment and hiring practices that are intentionally biased or have an unintentional adverse impact on minorities, women and people with disabilities. Although the draft plan has been submitted for public comment and […]

Clarifying How the ADA Impacts a High School Diploma Job Requirement

In response to the considerable discussion resulting from an EEOC informal discussion letter released at the end of last year, the federal agency has posted on its website a question-and-answer guidance document explaining the relationship between high school diploma job requirements and the Americans with Disabilities Act. The guidance explains that the letter, dated November […]

Requiring a High School Diploma Might Violate the ADA? It’s True.

Last month the Equal Employment Opportunity Commission (EEOC) posted an informal discussion letter on its website addressing the requirement of a high school diploma as it relates to jobs and job postings.  You might be wondering how requiring a high school diploma may violate a disability anti-discrimination statute such as the Americans with Disabilities Act (ADA).  A […]


On March 25, 2011, the Equal Employment Opportunity Commission (EEOC) issued its final regulations implementing the 2008 ADA Amendment Act (ADAAA).  The final regulations create a critical management training need that should be implemented promptly.  The final regulations create a much lower threshold for employees to meet in order to establish that they are disabled. Consequently, because more employees will be “disabled,” […]

ADAAA… Adding Up the Impact and the Costs

The Equal Employment Opportunity Commission (“EEOC”) recently published the final regulations implementing the ADA Amendments Act of 2008.  In a press statement, the EEOC stated: “Like the law they implement, the regulations are designed to simplify the determination of who has a ‘disability’ and make it easier for people to establish that they are protected by the Americans with […]

The EEOC Serves Up An ADAAA Trio of Cases

On September 9, 2010, the Equal Employment Opportunity Commission (EEOC) announced that it was pursuing cases against three separate employers that allegedly denied accommodations to employees dealing with arthritis, diabetes, and cancer.  The press release included commentary from the EEOC Chair Jacqueline A. Berrien trumpeting the EEOC will vigorously enforce the Americans with Disabilities Act.