Employee wellness programs may be caught between the rock of the Americans With Disabilities Act (ADA) and hard place of the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act (ACA).
The Equal Employment Opportunity Commission (EEOC) continued its proactive stance towards transgender employees in a ruling released early last month. In its April 1, 2015, decision, the EEOC determined that a transgender civilian employee at Redstone Arsenal had experienced discrimination when she was restricted from using a common women’s restroom. This case highlights the EEOC’s aggressive policy of eliminating discrimination on the basis of sex and gender identity under Title VII of the Civil Rights Act of 1964.
On February 25, 2015, the U.S. Department of Labor announced an important change in the definition of spouse under the Family Medical Leave Act (FMLA). The new rule was to take effective on March 27, 2015. But on March 26, U.S. District Judge Reed O’Connor of Texas issued a temporary restraining order putting the kibosh on the rule change.
Nearly 2,500 men received back wages, interest, and benefits because they were steered by the employer to “men’s work” and not hired to do “women’s work.”
Shell Oil Company and Motiva Enterprises, LLC, are going to have to pay nearly $4.5 million dollars to more than 2,600 employees because the companies didn’t pay employees who attended meetings the companies required the employees to attend. (Motiva is partially owned by Shell.)