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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,…

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…

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…

Richard W. Bunch, PhD, PT, CBES Employers should have a good handle by now on when a reasonable accommodation is required as dictated by Title VII or when required for a covered employee with a disability as dictated by the…

When it came to bias in hiring decision-making, conventional wisdom pertaining to artificial intelligence (AI) was that AI offered a system to be a great unbiased equalizer. On its face, it made sense: if we delegate complex decisions to AI,…

At a Glance: Hiring Employees in USA By: Morgan, Lewis & Bockius LLP, Lexology, April 13 2022 Conducting Background checks Federal law does not generally restrict background checks of applicants and employees as long as the employer conducts the check…

In Case You Missed It: A Reminder to Upgrade to the New EEOC Poster By Smith Currie & Hancock, Lexology, November 17 2022 Between a constantly changing regulatory environment, supply chain issues, inflation, and the 2022 mid-term elections, it can…

Can Exercise Reduce the Risk for Falls Among Older Employees? By Richard Bunch, PhD, PT As the work force ages, employers are finding that on the job injuries related to slips, trips and falls are increasing in incidence. Ergonomic interventions…

EEOC Recommends Employers Justify Mandatory Workplace COVID-19 Testing By Hall Benefits Law / Lexology Blog – September 15 2022 The Equal Employment Opportunity Commission (EEOC) recently issued guidance about mandatory COVID-19 testing in the workplace. Until now, employers could require…

Be Careful Not to Cut Off the Interactive Accommodation Review Process Too Quickly By Fiona W. Ong, Shawe Rosenthal LLP (Lexology Blog, August 31, 2022) “Just as an employee may not terminate the interactive process quickly to create liability, so…