Employees Must Tie “Accommodation Requests” to a Disability

By Fiona W. Ong, Shawe Rosenthal LLP – Lexology, January 31 2024 As the U.S. Court of Appeals for the 4th Circuit explained, for purposes of the Americans with Disabilities Act, “[m]erely labeling a list of suggestions an ‘accommodation request’…

New Rules Highlight the Need to Review Employee Forms and Policies

By John J. Cannon III, Doreen E. Lilienfeld, Gillian Emmett Moldowan, Matthew Behrens and Daniella Villatoro: Shearman & Sterling LLP Lexology, February 5, 2024 For many companies, the use of “form” employee documents is an efficient practice that ensures consistent…

A Disparate Impact on a Protected Group Is Not Always Illegal

Shawe Rosenthal LLP – Fiona W. Ong Lexology, January 31 2024 One form of discrimination is where a policy or job requirement has a disparate (i.e., negative) impact on a protected group. However, that impact is not necessarily illegal under…

WorkSaver Employee Testing Systems Affiliate Clinics

Here are the lists of our affiliate clinic cities as of November 6, 2023. Affiliate Clinic_Cities_List 11-6-23 v2 Affiliate Clinic Cities List 11-6-23 v2-1

Protecting a Job Applicant’s Medical History

Reference: – Fiona W. Ong, Shawe Rosenthal LLP, An Applicant’s Family Medical History? Apparently, That’s the Million Dollar Question! Lexology, 2024 As most employers (hopefully) know, the Americans with Disabilities Act sets forth strict guidelines for when employers can require…

Accommodating Cannabis: A “How-To” for Employers

By Robin Shea, Constangy Brooks Smith & Prophete LLP February 9 2024, Lexology These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug…

How to Avoid Height and Weight Discrimination in Hiring

By Tracey I. Levy, Levy Employment Law LLC Lexology, Dec 11, 2023 New York City law now prohibits employers from discriminating against job applicants and employees based on their height and weight. New York City has thereby joined the state…

An Employee Who Refuses the COVID Vaccine Is Not Protected by the ADA

Covid 19 vaccine

Blog Labor & Employment Report Fiona W. Ong, Shawe Rosenthal LLP Lexology, October 27 2023 An employee who refused to be vaccinated against COVID-19 argued that his employer violated the Americans with Disabilities Act (ADA) by regarding him as having…

Avoiding Violations of the Immigration and Nationality Act (INA) when Hiring Through Third-Party Recruitment Platforms

Successful Muslim Woman At Work

Sarah J. Hawk and Tieranny Cutler – Barnes & Thornburg LLP Lexology, October 30, 2023 Employers are presented with many third-party recruitment options for maintaining and expanding workforces. Such efforts must comply with the anti-discrimination provision of the Immigration and…

Preventing Harmful Work Postures

3D medical background showing correct and poor posture with spin

By Richard Bunch, PhD, PT, CBES & Trevor Bardarson, PT, OCS, CBES For many years now Trevor and I have lectured world-wide about the harmful effects of various poor work postures. One of the most common stressful work postures involves…

Test Orientation Video Evaluator Training Video

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