Wednesday, June 8, 2016

New Final Rules, Publications, and Fines---Are you Keeping up with the EEOC?

The Equal Employment Opportunity Commission (EEOC) has been busy over the past few weeks.  Here are the highlights of its latest activities:

1.  Issuance of Final Rules on Employer Wellness Programs.  If you offer employees a voluntary wellness program that's part of a group health plan, you'll want to review the final rules just issued, which, among other things, cap incentives an employer can offer to employees who participate.

2.  Publication on "Employer-Provided Leave and the Americans with Disabilities Act."  In this document, the EEOC provides general information to employers and employees regarding its position on when and how leave must be granted for reasons related to an employee's disability.  It also inclues a discussion related to the interactive process, maximum leave policies, and reassignment. Of interest is the EEOC's discussion related to assessing whether an undue hardship will prevent an employer from granting leave as an accommodation.
3.  Increase in Penalties for Notice Posting Violations.  The EEOC increased the maximum penalty for employers that violate notice posting provisions related to Title VII, the ADA, and GINA from $210 per violation to $525 per violation. Free copies of the required posters are available on the EEOC's website.

Employers can find additional information related to these topics at