HR Alerts For November 2017
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7th Circuit Holds Long-Term Leave Is Not a Reasonable Accommodation Under the ADA
The Seventh Circuit Court of Appeals recently ruled that a long-term leave of absence is not a reasonable accommodation under the Americans with Disabilities Act (ADA), concluding that the ADA is an anti-discrimination statute and not a medical-leave entitlement. The court reasoned that because a long-term leave does not enable an employee to work, it cannot be a reasonable accommodation.
Employers, however, should not necessarily assume they can deny requests for extended leave under the ADA. For one, the Seventh Circuit Court of Appeals only has jurisdiction over Illinois, Indiana, and Wisconsin. For another, the Equal Employment Opportunity Commission (EEOC)—which has the power to file lawsuits against employers nationwide—has not adopted that position, and still considers leaves to be a reasonable accommodation in many cases.
We will continue to monitor court rulings and EEOC actions related to this question. In the meantime, we recommend that employers continue to engage in the interactive process when employees or applicants request a reasonable accommodation.
IRS Releases 2017 ACA Reporting Forms
The Internal Revenue Service (IRS) recently released the final forms and instructions for employer’s 2017 ACA tax reporting. The deadline to file ACA forms with the IRS depends on whether you are filing a paper form or filing electronically. Click here to access additional information on irs.gov.
New E-verify Poster
If your company participates in the e-verify program then you must download a new participation poster by clicking here.
Federal Contractors Minimum Wage Increase
Beginning January 1, 2018, the minimum wage rate for federal contractors will increase from the current $10.20 per hour to $10.37 per hour.
