Hospitality Industry Employment Risks: “Americans With Disabilities Act” Amendment Has Broadened Definition Of “Disability”; “Employment-Practices Liability” Claims Expected To Rise Dramatically

“…As a result of the EEOC rulings, which broaden the definition of disability to include protections for employees with, for example, cancer, diabetes or epilepsy… the definition of disability under the law was “significantly expanded” by the ADAAA, and she also expects claims numbers to grow as a result.”

“…A person with diabetes…you must provide reasonable accommodations—a place to test blood sugar, a break to take medications and time to rest…”

“…It’s cheaper to purchase (the proper Employment-Practices Liability coverage] than to defend yourself against one of these claims…”

Steps taken by federal officials to broaden the definition of “disability” is putting pressure on employers—and insurers are forecasting an increase in employment-practices liability (EPLI) claims.

The Americans with Disabilities Act Amendments Act (ADAAA), which went into effect on Jan. 1, 2009, directed the U.S. Equal Employment Opportunity Commission (EEOC) to revise its regulations “to restore the intent and protections” of the original act, and to address what lawmakers felt was a too-narrow view taken by courts of the original ADA provisions.

For more:  http://www.propertycasualty360.com/2011/12/01/ada-amendments-broader-definition-likely-to-cause

1 Comment

Filed under Employment Practices Liability, Health, Insurance, Labor Issues, Legislation, Liability, Management And Ownership, Risk Management, Training

One response to “Hospitality Industry Employment Risks: “Americans With Disabilities Act” Amendment Has Broadened Definition Of “Disability”; “Employment-Practices Liability” Claims Expected To Rise Dramatically

  1. beth buan

    What about an employee under worker’s comp, who got hurt at work, somewhat with disabilities, and the worker’s doctors said, she can get back to work, but the employer said it is “not safe to come back”?

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