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When Physical Ability Tests are Allowed

By Richard Bunch, PT, PhD, CBES and Trevor Bardarson, PT, OCS, CBES Physical Ability Tests for Job Applicants The Americans with Disabilities Act (ADA) permits physical ability tests (PATs) for job applicants if they are applied on a post-offer basis…

The Opioid Epidemic and the Workplace

Fredrick (“Fred”) J. Bissinger, Ford Harrison LLP Lexology Blog Addiction issues, especially the ongoing opioid epidemic, can significantly impact the workplace, and employers should ensure they have policies and procedures in place to address the potential impact of these issues….

Improve Employee Engagement and Address the Risks of ‘Loud Quitting’

By Becky Canary-King, Levenfeld Pearlstein LLC – Lexology Employers have been concerned about “quiet quitting” for some time now, looking for ways to foster employee engagement and productivity. And new data shows the importance of doing so because “quiet quitting”…

EEOC’s Second Set of Guidance on using Software, Algorithms and Artificial Intelligence in Employment Decisions

Over the past decade, it has become increasingly commonplace for employers to use algorithmic decision-making tools in employment. Employers use a wide range of tools to assist them in employment decision-making and performance management, including: Resume scanners Employee keystroke and…

Can Employers Modify Physical Ability Testing as an Accommodation Under PWFA?

As we presented earlier in our WorkSaver newsletter the federal Pregnant Workers Fairness Act (PWFA) became effective June 27, 2023. This act entitles pregnant employees the right to reasonable accommodations pertaining to pregnancy, childbirth, post-partum recovery period and any related…

Avoiding Code Words for Age Discrimination

It is well known that the share and participation rate of older workers in the labor force is growing. According to the Bureau of Labor Statistics, the labor force is expected to increase by 8.9 million, or 5.5 percent, from…

Will Exercise Save Your Life?

By F. Perry Wilson, MD, MSCE, Yale School of Medicine One hundred and fifty minutes (2 ½ hours) a week. That’s the minimum recommended amount of moderate-intensity exercise that the federal government advises the American people to do to optimize…

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

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?

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

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…

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