Congress Passes Mental Health Parity Bill
A mental health parity measure has been passed in Congress as part of the $700 billion financial rescue package. The measure requires covered employers that provide health plans to cover mental illness and substance abuse on the same basis as physical conditions. President George W. Bush signed the financial package on Friday, October 3. The mental health provisions go into effect one year after enactment, with a different effective date for collective bargaining agreements.
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ADA Amendments Act Expands Definition, Interpretation of Disability
President George W. Bush has signed the ADA Amendments Act of 2008 (ADAAA) into law.
It will expand interpretation of the ADA's coverage, reversing a trend toward narrow construction that began with a string of U.S. Supreme Court decisions starting in 1999. Under the ADAAA, the term "disability" will be expanded by several new rules of construction.
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Recent Court Cases of Interest
Employee produced sufficient evidence that employer failed to provide reasonable accommodation despite repeated requests.
Enica v. Principi (1st Circuit Court of Appeals 10/06/2008)
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Knowing the Basics of a Layoff
Given the uncertain economic outlook, more and more large and small-sized businesses have decided to reduce the size of their workforce. The layoff process can be done in a way that minimizes litigation risks. On the other hand, if not done properly, employers can quickly increase their risks for wrongful termination lawsuits.
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