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What Are the Employer’s Obligations When Engaging in the ADA Interactive Process?

Title I of the Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of a disability and requires employers engage in an interactive process and provide reasonable accommodations. A failure to do so may result in liability. The…

The Year 2020 Will Bring Several Important New Laws that Will Impact Employers

The following is a brief overview of some key issues that may dominate the legal landscape in 2020 and beyond. LGBT Rights Due to its significant impact on the civil rights of more than eight million LGBT individuals in this…

How to Respond to an EEOC RFI in a Hiring Discrimination Charge

Since 1993 WorkSaver has conducted hundreds of thousands of ADA and EEOC compliant fitness for duty tests (referred herein as Physical Ability Tests). Since that time, WorkSaver has been involved as an expert consultant in a nationally known EEOC case…

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…

Regular and Reliable Job Attendance Can Be Considered an Essential Function of Most Jobs

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….

Large Jury Award in Disability-Bias Case – What the Employer Did Wrong

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,…

Accommodating an Anxious Workforce

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…

Can a Fitness-for-Duty Examination be Required if I have a Mental Condition?

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…

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