Sixth Circuit Court of Appeals clarifies that employers have discretion to provide a reasonable accommodation as identified through the interactive accommodation review (IAR) process. Once an employee abandons the IAR process, the employer has no duty to accommodate. Under the…

The U.S. Department of Justice reached a January 31, 2019 settlement of an American with Disabilities Act (“ADA”) Title III complaint against health care provider Selma Medical Associates relating to provision of medical services to an individual with opioid use…

As published by Lexology, an employee who missed nine months of work for reasons unrelated to her disability, and then another day without medical verification, was found by the U.S. Court of Appeals for the Eighth Circuit to be unqualified…

Employers have heard all the excuses. My alarm didn’t go off. My car broke down. My babysitter didn’t show up. I have a terrible cold. Though sometimes those excuses for being absent or late ring true, chronic absenteeism and tardiness…

As reported in Lexology (www.lexology.com) by Shawe Rosenthal Law Firm on December 28, 2018, courts have upheld that employers are not required to allow an employee to work in violation of medical restrictions imposed by a doctor even if the…

Preventing on the job injuries has never been more important to industries. Work-related musculoskeletal disorders (MSDs) are increasing and costing employers over $20 billion a year in direct costs (with a multiple of 3-4 x for indirect costs). The average…