| Newsletter #72 October 8, 2019 |
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| New York Jets Player Sues NFL For Disability Discrimination
By Jennifer Carson
A professional football player for the New York Jets has sued the National Football League (NFL), claiming that the NFL discriminated against him on the basis of a disability (Miles v. National Football League, No. 19-cv-18327 (N.J. Superior Ct. Sept. 25, 2019)).
In his complaint, Rontez Miles said he has a condition called alopecia areata that causes, among other things, a sensitivity to light. He had been using an eye shield in conjunction with his helmet and face guard for his entire football career until a 2017 preseason game, when an NFL official told him he could not play unless he removed it. Miles and others told the official about his condition, the complaint alleged, but the official continued to insist that he remove the shield. Miles played without it and suffered a broken orbital bone when another player collided with him during the game; he said he was unable to take appropriate defensive measures due to the bright sunlight.
Miles alleged that the NFL violated the federal Americans with Disabilities Act (ADA) and New Jersey law by failing to provide a reasonable accommodation and failing to engage in the interactive process, leading to severe and permanent injuries.
The ADA requires employers to provide reasonable accommodations to workers with disabilities, unless an accommodation would create undue hardship (which can be a difficult legal standard to meet). Employees and employers commonly arrive at a mutually agreeable accommodation via an interactive process, but employers often fall short in this area, experts have told HR Dive.
Managers may be inadequately trained or resistant to the interactive process, both of which can create obstacles to compliance. Additionally, as Miles alleged in this case, a satisfactory and well-established accommodation can be undermined by a single person who is misinformed or uninformed about what the ADA requires.
The U.S. Equal Employment Opportunity Commission (EEOC) has said the interactive process requires communication about the precise nature of the problem that is prompting the request, how a disability is triggering a need for an accommodation and alternative accommodations that could potentially be effective. An accommodation need not be the exact one an employee requests in order to be considered reasonable.
Experts recommend that employers have clear policies instructing employees to contact HR if an accommodation is required; train supervisors and managers on the ADA; request medical documentation as needed (but only when needed); ensure that job descriptions stay true to actual job duties; maintain flexibility; keep moving the interactive process forward; and document all discussions and agreements in writing.
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| | | GEA Fall Conference Registration Open!
Join Georgia Employers’ Association and business leaders across the state for our 2019 Fall Conference at The Ritz-Carlton, Lake Oconee on November 6-7, 2019.
The theme for this year’s event is Meeting the Challenge! The conference’s valuable networking opportunities and array of expert speakers will provide you with new insights and successful HR strategies going as we transition into 2020. Fall Conference Highlights Include:
- ESSENTIAL LEGAL UPDATES
- MOCK UNION CAMPAIGN PRESENTATION
- “IMPORTANCE OF EMOTIONAL INTELLIGENCE” PRESENTATION
- "THE PRICE IS RIGHT" WITH JONATHAN MARTIN
- HR BEST PRACTICES FORUM
- OPTION FOR GOLF OR SPA VISIT
An optional golf outing and spa visit will be available on October 6 with discounted rates for GEA conference attendees.
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It's Open Enrollment Season. What Benefits Are Trending?
By Riia O'Donnell
The National Business Group on Health has culled data from its annual Large Employer Health Care Strategy and Plan Design Survey to reveal what's new for open enrollment for the coming season. Overall, few business are adopting any major changes to plan design, but many are reporting continued efforts to raise the level of quality of coverage, offer more plan options and provide access to mental health services as well as telehealth options.
Top trends identified in the survey begin with modest cost increases. Employers can expect to see the total cost of health benefits covering employees and dependents increase by 5% this coming year. Businesses will cover about 70% of the overall cost of benefits. Additionally, advanced virtual care options are on the rise. Eighty-two percent of employers are expanding into virtual mental health services. Another 60% will offer virtual weight management programs. Services showing the greatest potential for growth in the coming years are digital options for musculoskeletal care management, prenatal and cardiac care, sleep and diabetes management, as well as others.
To assist workers with mind as well as body, one third of employers will offer onsite mental health counselors and 28% will provide digital cognitive behavioral therapy for mental health issues. Nearly half will provide training for managers to help them recognize mental health issues and guide workers to resources.
A survey from Mercer published last month also projected a rise in health benefit costs. According to the 1,511 employers polled by Mercer, 43% said they plan to raise deductibles or cut benefits to keep costs down in 2020. That means many employers plan to absorb the extra expenses, likely for good reason: Good health benefits convince workers to stay at their organizations. In fact, employers that offer at least six benefit plan types will see a 138% decrease in turnover according to a Paycor report released this summer. In this tight employment market, employers can encourage workers to stay by offering competitive health benefits.
Employers that decide to explore adding new benefits options may want to consider how their employees are using what they already have access to. For example, more employers provide financial wellness benefits, but an increase in usage rates has not followed, according to a report from Bank of America. The report showed this confusion extended to other benefits, as well. Eighty-eight of employers said they offered some form of caregiver benefit, but 71% of employees said they don't know what's available to them. Only a third have used resources provided by their employer. As employers expand their benefits coverage, they may want to increase employee education about these additions so usage rates rise, as well.
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| | | Upcoming Training & Networking
Register Soon!
Registration Open!
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Georgia Employers' Association |
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