The association provision of the Americans with Disabilities Act (ADA) prohibits employment discrimination against an employee or applicant because of a known relationship or association with a person with a known disability. This means that an employer is prohibited from…

Richard W. Bunch, PhD, PT, CBES Physical ability tests (PATs) used for job placement of individuals upon hire or upon return to work following an injury/illness are subject to challenges from the Equal Employment Opportunity Commission (EEOC) and the Office…

Dykema Gossett PLLC The Sixth Circuit Court of Appeals recently provided employers addressing potential FMLA abuse with important guidance on how such matters should be addressed. It turns out that playing golf while on an FMLA leave can get you…

The U.S. Court of Appeals for the Eighth Circuit rejected a locomotive engineer’s “failure to accommodate claim” under the Americans with Disabilities Act, while also finding that providing an accommodation in the past does not necessarily render the accommodation reasonable….

Richard W. Bunch, PhD, PT, CBES It always amazes me when reviewing legal cases about allegations of employee discrimination how employers too often create their own problems that are quite costly. In the California case, Abarca v. Citizens of Humanity,…

The American workforce is becoming increasingly subject to anxiety and depression disorders. Employers must find ways to retain and motivate employees with such diagnoses in order to maintain a competitive advantage and to avoid legal liability. Nobody knows precisely how…

An Employee’s Question I’ve been off work for six weeks or so, seeking treatment for post-traumatic stress disorder (PTSD) related to my military service. Although my condition was debilitating at onset, I feel much better now and am fully able…

An informal discussion letter released by the EEOC sketches out the lawful boundaries under GINA and the ADA with regard to medical history inquires and annual fitness-for-duty examinations. Although the letter responds to an inquiry about medical history information sought…

​Fatigue is a growing problem affecting the workforce. Research estimates that 13% of workplace injuries can be attributed to fatigue, and 43% of Americans admit they may be too tired to function safely at work. Following are some steps employers…

In a decision that could have wide-ranging implications for all employers, the Fourth Circuit recently held that an employer’s failure to stop a false rumor that a female employee slept with her male boss to obtain a promotion, could give…