Is infertility an ADA 'disability'? If reproduction is deemed a major life activity, employers' insurance costs may escalate

Article Abstract:

An 8th US Circuit Court of Appeals decision in Krauel v. Iowa Methodist Medical Center that infertility is not a disability as defined by the Americans with Disabilities Act of 1990 (ADA) and that failure to include infertility benefits in the employer's health benefits does not violate the law is sure to occasion much debate on the issue among the courts. There is little legislative history on the subject but the EEOC has issued an interim guidance with a two-step framework for determining whether a health plan contains an ADA violation. Krauel and other cases are discussed.

Laws, regulations and rules, Health insurance, Infertility

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Mental illness won't excuse bad job performance; workers with mental disorders covered by the ADA must still perform key functions of a job

Article Abstract:

The trend of Americans with Disabilities Act (ADA) litigation is towards finding that employers can require intangible elements such as the ability to handle job stress, get along with colleagues and accept direction from supervisors and that it is irrelevant when an employee cannot do so because of a mental disability. Employers should thus describe intangible criteria as well as technical competence required for a job. They can require fitness-for-duty examinations and detailed work rules are also important. Case law is discussed.

Mentally ill persons, Employment, Mentally ill

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Mediating ADA claims

Article Abstract:

Mediation may be the best way to settle claims under the Americans with Disabilities Act. Disputes with employers may involve the question of how reasonable the accommodation of a disabled employee is. This is well suited to mediation, since an informal atmosphere can foster solutions.

Analysis, Dispute resolution (Law)

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