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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…

GINA, ADA Boundaries in Fitness-For-Duty Exams

An informal discussion letter released by the EEOC sketches out the lawful boundaries under GINA and the ADA with regard to medical history inquires and annual fitness-for-duty examinations. Although the letter responds to an inquiry about medical history information sought…

Employers Can Reduce Worker Fatigue

​Fatigue is a growing problem affecting the workforce. Research estimates that 13% of workplace injuries can be attributed to fatigue, and 43% of Americans admit they may be too tired to function safely at work. Following are some steps employers…

The Rumor Mill Is Now Your Problem? Yes, According to the Fourth Circuit

In a decision that could have wide-ranging implications for all employers, the Fourth Circuit recently held that an employer’s failure to stop a false rumor that a female employee slept with her male boss to obtain a promotion, could give…

Can a Fitness for Duty Examination Provide ADA Accommodations?

By Richard Bunch, PhD, PT, CBES – CEO, WorkSaver Systems Occasionally, I find that there is some confusion by clinical evaluators and even employers regarding how to properly conduct a post-offer, pre-placement fitness for duty (FFD) evaluation when the test…

New Ordinance Related to Pregnancy Accommodations for Employees and Partners

In major news for employers in Pittsburgh, the City Council recently unanimously passed a new ordinance greatly expanding protections for pregnant employees and imposing several new requirements on private employers, much like those under the federal Pregnancy Discrimination Act, Americans…

Should a Woman be Hired for Labor Intensive Jobs?

First of all, allow me to state the obvious. It is illegal to deny a job to anyone based on gender. Women can and do play invaluable and innovative roles in the job market, including labor intensive jobs. Despite a…

Job Reassignment- The Accommodation of Last Resort

Reassignment as an accommodation is an issue that has split the court circuits. Prior to looking at how courts are divided, let’s begin with the consensus. First, the Americans with Disabilities Act (“ADA”) clearly requires employers to make reasonable accommodations…

A Sign that Companies Nation-wide May Have to Consider a Ban on Pre- and Post-Employment Marijuana Drug Testing

Recently, New York law makers announced they are considering a ban on pre-employment tests for marijuana. Effectively, this would prevent employers from testing prospective employees for marijuana usage during the hiring process. This approach comes as the United States is…

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