Employment Notes
Tag: disability discrimination
Showing 72 out of 85 results
US: EEOC proposes regulation for employee wellness programs
Recently, the United States Equal Employment Opportunity Commission has brought several lawsuits under the Americans with Disabilities Act against …
UK: Disability - type 2 diabetes controlled by abstention from sugary drinks is not disability, according to EAT
Type 2 diabetes is not necessarily a disability for employment purposes, according to the EAT. A claimant did not satisfy the definition of disability …
UK: Duty to make reasonable adjustments: employers not fixed with constructive knowledge of disability provided took reasonable steps to investigate
An employer's failure to investigate discrepancies in an occupational health report (which found no disability) will not necessarily fix it with …
UK: Disability discrimination - automatic non-payment of bonus to employees with absence warning was unlawful
Employers should review bonus or other schemes designed to reward good attendance levels, to assess whether any discriminatory affect against disabled …
Europe: ECJ rules that obese employees may be disabled
In a decision on 18 December 2014[1], the European Court of Justice (ECJ) has recognised that obesity can, in certain circumstances, entail …
UK: New resources - flexible work form, SPL guide, illegal work, disabled employees
The Government has published the following new resources for employers: a standard form for employees to use when making a flexible working …
UK: ECJ opinion that obesity is not a disability, but severely obese employees may be disabled
The Advocate General of the European Court of Justice has given his opinion rejecting the contention that EU law prohibits discrimination on the ground …
UK: Disability - scope of duty to make reasonable adjustments
The Court of Appeal has confirmed that neither EU nor UK law impose on an employer a duty to make reasonable adjustments for disablity to …
UK: Disability - time limit for reasonable adjustment claim may be affected by employer's commitment to review decision
An EAT has ruled that, as the duty to make a reasonable adjustment for a disabled employee is a continuing duty, a failure to comply with that duty was a …
UK: Disability - employers cannot outsource judgement on whether individual disabled
Employers should apply their own minds to the statutory test for deciding whether an employee is disabled and should not simply accept occupational …
UK: Disability - up front commitment to extend phased return not a reasonable adjustment
Where an employer has offered a fixed period of reduced hours as a reasonable adjustment for a disabled employee on their return from long-term sickness …
UK: Reasonable adjustments for disability - employers may need to pay for private counselling to assist return to work
Employers may need to consider paying for an employee with work-related stress and depression to have private psychiatric counselling and cognitive …
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