Should Medical Physical Exams Be Combined with Functional Testing? Richard W. Bunch, PhD, PT, CBES The issue as to how many people are hired and become injured when performing their job duties due to inadequate job matching is becoming an…

Employers – Don’t Automatically Assume Prescription Meds Pose a Danger in the Workplace Blog Labor & Employment Report by Shawe Rosenthal LLP – Fiona W. Ong and Garrick Ross Have you read the warnings on prescription painkillers? They can be…

Life-Changing Ergonomic and Wellness Strategies for Aging, Deconditioned and Remote Workers A Free Webinar by: Richard Bunch, PhD, PT, CBES and Trevor Bardarson, PT, OCS, CBES Date: Wednesday, June 01, 2022 Time: 02:00 PM Eastern Daylight Time Duration: 1 hour…

Evaluating COVID-19 as a Disability Under the ADA By Spilman Thomas & Battle PLLC In December 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance, clarifying that COVID-19 may qualify as a disability under the American with Disabilities Act…

Use of Artificial Intelligence (AI) Tools by Employers Can Violate the Americans with Disabilities Act In a story reported by the Washington Post, HireVue’s artificial intelligence (AI) software was found to have assessed over a million video job interviews. Its…

What is Discrimination Under Federal Law? By Robin Shea, Constangy Brooks Smith & Prophete LLP March 25, 2022 Just about everybody, whether they are an employer or not, knows that it is against the law to unfairly “discriminate” against an…

The Potential Legal Impact of Emojis in the Workplace by Littler Mendelson PC Note:On occasions, WorkSaver will provide articles that do not deal directly with employment testing, ergonomics, or wellness, but are considered potentially helpful to employers. This is one…

Determining Reasonable Accommodations in Disability Discrimination Cases – Impact of State Law It is generally accepted that the threshold element of a claim for disability discrimination is that the plaintiff has a “disability” as defined by ADA and is able…

Excusing Unpredictable Attendance Is Not a Reasonable Accommodation By Fiona W. Ong, Shawe Rosenthal LLP Although some employers may feel like they have to tolerate a lot as a reasonable accommodation under the Americans with Disabilities Act, one thing that…

Not Every Complaint Is a Request for Accommodation By Fiona W. Ong, Shawe Rosenthal LLP Employees need to provide sufficient information to the employer that a health issue could be a disability that is interfering with their ability to work,…