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Associational Discrimination Under the ADA

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…

Validating Physical Ability Tests (PATs) – What is the Best Method?

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…

Sixth Circuit Provides Important Employer Guidance in Combating FMLA Abuse

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…

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