Iowa Employment Law Blog

Iowa Employment Law Blog

Alert and inform about legal issues, risks, and solutions relating to employees

Published By Patrick D. Smith

Tag Archives: ADA

Court Finds Employer’s Inquiry about Health Conditions of New Employees Absorbed in Merger Complies with ADA

Posted in Disability Discrimination, Human Resources Compliance
Publisher’s Note:  Today’s guest post is provided by Brandon Underwood, one of my colleagues at Fredrikson & Byron, P.A.   Hopefully Brandon will catch the blogging bug and continue to post…. The Americans with Disabilities Act (ADA) forbids medical examinations and inquiries in employment.  But not all of them.  Instead, an examination or inquiry’s permissibility, and scope, turns primarily… Continue Reading

Iowa Court of Appeals Rules that ADA Amendments Apply to Iowa Civil Rights Act, Even in the Absence of Legislative Action

Posted in Disability Discrimination, Iowa Appellate Courts, Litigation and Trials
A divided panel of the Iowa Court of Appeals recently ruled that the rules of construction in the ADA as amended in 2008 apply to the Iowa Civil RIghts Act when determining what constitutes a disability (Knudsen v. Tiger Tots Community Child Care Center, No. 2-1011, 1/9/13). Although Knudsen is a public accommodation and not an employment case, the opinion… Continue Reading

Weekly Web Roundup

Posted in Race Discrimination
This week we are trying out a new feature on our Blog.  A weekly round-up of important, interesting, practical, or funny employment law information and news posted in blogs or otherwise on the world wide web during the past week.  Please contact us with any information or feedback.  Here we go for the first edition:… Continue Reading

Obesity as a Protected Class?

Posted in Disability Discrimination, Employee Wellness, Human Resources Compliance
This post in HR Observations (Hat tip: Ohio Employer’s Law Blog) explores whether obesity could be the next characteristic to become protected under the anti-discrimination laws.   A group called the "Obesity Action Coalition" complains that discrimination against obese people is widespread.  Employer concern about rising costs associated with employee health coverage, workers’ compensation costs,  and an emphasis on employee wellness… Continue Reading

Good News on the ADA–One More Court Rules the Amendments Are Not Retroactive

Posted in Disability Discrimination
Earlier this year, we identified the Amendments to the ADA–known as the "ADAAA" –as one of the top human resources challenges of 2009.   The amendments became effective January 1, 2009.   One of the most significant changes in the new law as compared to the old ADA concerns the definition of "disability".   One of Congress intentions in the ADAAA was… Continue Reading

Does Your Company Wellness Plan Discriminate?

Posted in Disability Discrimination, Employee Wellness, Human Resources Compliance
A recent study of Iowa employers revealed that 51 percent offered some type of health screening to their employees.  Many companies also offer other "wellness" benefits to encourage employees to exercise and adopt healthy lifestyles.   The wellness program of a prominent Des Moines employer was recently profiled in the Des Moines Register (link here).  Company… Continue Reading

Human Resources Challeges for 2009

Posted in Disability Discrimination, Human Resources Compliance, Sex Discrimination
A recent post at Human Resources Executive Online, entitled "Warnings from the Top".  provides an excellent overview of some of the new challenges employers have been presented since the beginning of 2009.   "Like it or not" say the authors, changes are coming, and employers better be prepared. According to several attorneys the authors interviewed, some… Continue Reading