1. Legal Update on Disability Laws
Disability Management Employer Coalition
Legal Update on Disability Laws
John C. Garner, CEBS, CLU, CFCI, CMC
October 5, 2016

2. Agenda Federal Developments Court Cases State and Local Leave Laws
Questions as we go
Agenda

3. Social Security Disability Insurance Fund
DI Trust Fund Would Have Been Depleted in 2016
81% of Benefits Payable After Depletion
Congress Let SSDI Trust Borrow Money to Maintain Benefits

4. Penalites
Federal Government Increasing all Penalties to Reflect Inflation
Willful Violation of FMLA Posting Requirements $163, up from $110
Violations of the ADA Posting Requirements $525, up from $210
Serious OSHA Violations $12,471, up from $7,000

5. EEOC Regulations on Wellness Plans Under ADA & GINA
EEOC Regulations Apply to Wellness Programs that Make Medical Inquiries or Involve Medical Examinations
Rules Similar to, but not Identical to HIPAA/ACA Regulations
New Notice Requirements

6. FMLA Court Case Managers can be Held Individually Liable 2nd Circuit
Graziadio v. Culinary Institute of America
“Employer” is any Person who Acts, Directly or Indirectly, in the Interest of an Employer

7. ADA Settlement $8.6 Million Lowe’s
Failed to Provide Reasonable Accommodation to Disabled Employees When Their Medical Leaves of Absence Exceeded 180-day (Subsequently, 240-day) Limit

8. ADA Court Case Obesity With no Underlying Condition not a Disability
8th Circuit
Morriss v. BNSF Railway Company
Applicant for Safety-Sensitive Position Denied Employment Based on BMI > 40
Applicant Described Health as “Good”

9. ADA Court Case Unreasonable to Keep a job Open Indefinitely
6th Circuit
Aston v. Tapco
Tapco Doesn’t Hold Positions Open > 26 Weeks
Aston Unable to Perform Essential Functions

10. ADA Court Case Denial of Leave for Failure to Provide Medical Records
D.C. Circuit
Minter v. District of Columbia
Minter Requested Reduced Schedule
Employer Requested Medical Records
Minter Fired After Failing to Provide Records

11. LTD Court Case
Insurer’s Decision to Terminate Benefits Based on Own Occupation Definition not Well Reasoned
1st Circuit
McDonough v. Aetna
PCP Said OK to work Sedentary job
2 Specialists Said Totally Disabled

12. FMLA Court Case FMLA Doesn’t Protect Poor Performance 8th Circuit
Burciaga v. Ravago
Employee Took FMLA Twice w/no Problems
Employee Needed More FMLA
Employee Fired for Series of Mistakes

13. LTD Court Case Deadlines Can’t Fall on Weekends 9th Circuit
Legras v. Aetna
180 Days to Appeal Denial
Deadline on Saturday
Claimant Appealed the next Monday

14. FMLA Court Case
Employers Must Allow Advise Employees of Deficiencies and Provide Opportunity to fix Certifications
3rd Circuit
Hansler v. Lehigh Valley Health Network
Incomplete Medical Certification
Employee Fired for Excessive Absences

15. State & Local Laws California Reminder—Time off to Vote New PDL Poster
Employees can use Sick Leave to Care for a Child, Parent, Spouse or Domestic Partner
Employees can Take Job-Protected Time off to Find, Enroll or Re-Enroll a Child in School or with a Child Care Provider

16. State & Local Laws California
Step-Parents, Foster Parents and People who Stand in Loco Parentis can Take School Visitation Leave
Law Regarding Validity of Meal Waiver Periods Clarified for Health Care Employees

17. State & Local Laws
San Francisco Amended Paid Sick Leave Ordinance to Make it More Compatible with California’s law
New Paid Sick Leave Laws
Berkeley
Los Angeles
San Diego
Santa Monica

18. State & Local Laws Increases in Paid Family Leave Benefits California
San Francisco

19. Questions

20. Chief Compliance Officer
John Garner, CEBS, CLU, CFCI, CMC
Chief Compliance Officer
Bolton & Company
3475 E. Foothill Blvd., Suite 100
Pasadena, CA 91107
Phone: (626)
Fax: (626)
Contact