The EEOC has been focused on AI discrimination in the workplace for some time. It has been a particular focus, though not exclusively with him, for outgoing EEOC Commissioner Keith Sonderling, who actually wrote a law review article on the topic (see ¶ 1 of thoughts/takeaways §). During the last academic year, I was part
Medical Licensing Boards, Physician Health Programs, and the Lack of ADA Compliance: an Opportunity for Plaintiff Lawyers
Before getting started on the blog of the week, some housekeeping matters. First, my blog was late this week. My daughter came home from camp on Monday, and so my time is different than it usually is. Second, starting tomorrow, my family will be in Chicago visiting both sides of the family. So,
ADA and Reasonable Accommodations: The HR (Title I) Version
A few weeks back, I attended a chat seminar put on by the Society for Human Resources Management on reasonable accommodations and the ADA. What happens in that kind of seminar is that people write in their questions online and then knowledge advisors respond. The knowledge advisors are very
Third-party administrators and the risk of being an employer
It is not unusual for companies of all sizes to outsource their HR functions and/or their benefit administration, though outsourcing their benefits administration is probably more common. What happens if the third party administrator starts making employment decisions for the company whose benefits they are administering? In that situation, there is a risk that the
The ADA, The rehabilitation act, and the ministerial exception
This blog entry asks the question as to what is the status of the ADA and the Rehabilitation Act with respect to employees that work for religious institutions. Recently, the United States Supreme Court decided the case of Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 132 S. Ct. 694 (2012). In that case,
Has the EEOC gone too far?
In an informal discussion letter, http://www.eeoc.gov/eeoc/foia/letters/2011/ada_qualification_standards.html , the EEOC said that using high school graduation as an automatic cut off for a job could lead to a situation where persons with disabilities are able to successfully claim that the requirement is unlawfully screening them out from the position since for a variety of reasons some