Man who is hard of hearing

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Is an Adverse Employment Action Required to Establish a Failure to Accommodate Under the ADA?

Man who is hard of hearing

On May 24, 2023, the Eleventh Circuit ruled that a failure to accommodate claim under the American with Disabilities Act (“ADA”) is only actionable if the employee establishes that the failure to accommodate negatively impacted the employee’s hiring, advancement, discharge,…

Can You Pass the Pregnant Workers Fairness Act Quiz?

Active Pregnant Woman Exercise In Fitness Center

The Pregnant Workers Fairness Act (PWFA) takes effect on June 27th, 2023. How much do you know about this new act? To find out, take the following quiz created by Robin Shea, Attorney at the law firm, Constangy Brooks Smith…

Preventing Fatigue-Related Injuries on the Job

Sick exhausted black man suffering from headache syndrome and holding head in hands

Injuries /accidents on the job related to fatigue can be costly. The direct and indirect costs of fatigue are astronomically high in the United States, affecting the health and safety of millions of Americans. Employers should be aware of causes…

Can an Accommodation be Withdrawn After it is Provided to an Employee?

Disabled Man In Wheelchair On Road

Richard W. Bunch, PhD, PT, CBES Employers should have a good handle by now on when a reasonable accommodation is required as dictated by Title VII or when required for a covered employee with a disability as dictated by the…

Using AI to Hire? Beware!

Illustration Of Human Head With A Luminous Brain Network

When it came to bias in hiring decision-making, conventional wisdom pertaining to artificial intelligence (AI) was that AI offered a system to be a great unbiased equalizer. On its face, it made sense: if we delegate complex decisions to AI,…

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