The U.S. Equal Employment Opportunity Commission (EEOC) has issued two new resources that address employer-provided leave under the Americans with Disabilities Act (ADA), and enforcement protections for LGBT workers under Title VII of the Civil Rights Act (Title VII). These federal nondiscrimination laws generally apply to employers with 15 or more employees.
Employer-Provided Leave and the ADA
The new resource is intended to help educate employers and employees about workplace leave under the ADA to prevent discriminatory denials of leave from occurring. It responds to common questions employers and employees have raised about leave requests that concern an employee’s disability. Among other things, the resource addresses:
- The interactive process;
- Maximum leave policies;
- “100% healed” policies;
- Reassignment; and
- Undue hardship issues (including the amount and/or length of leave required).
Protections for LGBT Workers
The EEOC interprets and enforces Title VII’s prohibition of sex discrimination as forbidding any employment discrimination based on gender identity or sexual orientation. According to the new resource, these protections apply regardless of any contrary state or local laws. The new guidance also contains topics such as:
- Examples of LGBT-related sex discrimination claims;
- Training and outreach;
- Charge data;
- A description of the applicable federal law; and
- Links to various technical assistance publications on LGBT issues.
Our section on Discrimination has more information regarding employer obligations under federal nondiscrimination laws.
Please Note: The information and materials herein are provided for general information purposes only and are not intended to constitute legal or other advice or opinions on any specific matters and are not intended to replace the advice of a qualified attorney, plan provider or other professional advisor. This information has been taken from sources which we believe to be reliable, but there is no guarantee as to its accuracy. In accordance with IRS Circular 230, this communication is not intended or written to be used, and cannot be used as or considered a ‘covered opinion’ or other written tax advice and should not be relied upon for any purpose other than its intended purpose.
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