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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…

When Physical Ability Tests are Allowed

Physical ability test at WorkSaver Systems

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

Opioid pills

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’

Lazy office employee procrastinating at workplace

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

Artificial Intelligence (ai) Technologies and chatbots

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…

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