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Obesity – Is It a Disability or Not!

Ok, if you’re confused about obesity being a covered disability or not, don’t feel alone. The U.S. Court of Appeals in the Seventh Circuit recently decided a case involving an extremely obese bus driver and denied his claims under the Americans with Disabilities…

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…

Potential Congressional Change Affecting Older Workers and Discrimination

On February 14, 2019, a bipartisan group of lawmakers in the Senate and House reintroduced the Protecting Older Workers Against Discrimination Act. This bill can result in reversing a decision made by the U.S. Supreme Court in 2009 by amending…

Simple Leave of Absence Situation Leads to an Employee Discrimination Claim in California

A federal jury sided with Chipotle Mexican Grill last in a case involving disability discrimination claims by former assistant store manager, Lucia Cortez. Ms. Cortez alleged she suffered a miscarriage at work after years of trying to get pregnant, fell…

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