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Last week, the Equal Employment Opportunity Commission (EEOC) issued four revised documents on the application of the Americans with Disabilities Act (ADA), as amended, to job applicants and employees with cancer, diabetes, epilepsy and intellectual disabilities. These new documents are found on the EEOC website under "Disability Discrimination, The Question and Answer Series." As part of its publication, the EEOC states that individuals with cancer, diabetes, epilepsy, or an intellectual disability "should easily be found to have a disability within the meaning" of the ADA.
The EEOC's "Question and Answer Series" address the following practical issues for the relevant condition: when an employer may ask an applicant or employee questions about his or her condition and how to respond to voluntary disclosures; what types of reasonable accommodations individuals with these particular disabilities might need; how an employer should address concerns about safety; and how an employer can ensure that no employee is harassed because of the condition.
Employers are advised to carefully review the EEOC's guidance, fact sheets and other information regarding the recruitment and hiring of individuals with these disabilities. According to a press release issued by the EEOC, nearly 34 million Americans have been diagnosed with cancer, diabetes, or epilepsy, while more than two million have an intellectual disability. As always, if you have any questions, please do not hesitate to contact any of the attorneys listed below in Devine Millimet's Labor, Employment, and Employee Benefits Practice Group.
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The Devine, Millimet & Branch Labor, Employment and Employee Benefits Group offers this free Friday E-Mail Alert service to provide information on recent developments in labor, employment and employee benefits law. If you have any questions about this e-mail, or if you know of anyone else who may be interested in receiving these alerts, please send us an email at employment@devinemillimet.com.
This E-Alert is provided for informational purposes only. It is not intended to serve as legal advice or legal opinion. Devine, Millimet & Branch, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such. Our attorneys are available to assist employers in their compliance efforts and to represent employers in matters before state and federal courts and administrative agencies. For more information, please contact the attorney(s) listed or the Devine Millimet attorney with whom you regularly work.
© Copyright 2013 Devine Millimet & Branch, Professional Association
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