HR Regulatory Update

Eleventh Circuit Finds that Job Applicant Need Not Be Disabled Under the ADA to Sue for Prohibited Pre-Offer Medical Inquiry

1/25/2010
Andrew Hament and Jordan Kramer of Ford & Harrison LLC

Employers should be aware of a recent decision by the Eleventh Circuit (the federal appeals court with jurisdiction over Alabama, Georgia, and Florida) holding that a job applicant need not be "disabled" under the Americans with Disabilities Act ("ADA") to sue an employer for making a prohibited, pre-offer medical inquiry. See Harrison v. Benchmark Elecs. Huntsville Inc. (11th Cir. 2010). In Harrison, the Eleventh Circuit reversed a trial court's decision in favor of the employer and held that the plaintiff should be permitted to take his ADA claim to trial. For additional information see Ford and Harrison's website.

COBRA Notices

Kathryn Carlson

On January 13, 2010, the Department of Labor's website was updated with model notices to help employers and plan administrators comply with the 2010 DOD Act's new notification requirements. The model notices may be found on the DOL's website. There are three updated model notices.

• General Notice
• Premium Assistance Extension Notice
• Alternative Notices

The DOL's Employee Benefits Security Administration has also released a Fact Sheet (available at http://www.dol.gov/ebsa/newsroom/fscobrapremiumreduction.html) and some initial Official Guidance that summarizes the provisions of the 2010 DOD Act. The Official Guidance, consisting of 15 questions and answers, provides answers to many of the commonly asked questions about the subsidy extension.