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The Legal Importance of ADA’s Interactive Accommodation Review Process

Sixth Circuit Court of Appeals clarifies that employers have discretion to provide a reasonable accommodation as identified through the interactive accommodation review (IAR) process. Once an employee abandons the IAR process, the employer has no duty to accommodate. Under the…

Opioid Use Disorder (OSU) has been determined to be an ADA Covered Disability

The U.S. Department of Justice reached a January 31, 2019 settlement of an American with Disabilities Act (“ADA”) Title III complaint against health care provider Selma Medical Associates relating to provision of medical services to an individual with opioid use…

Excessive Absences Disqualifies Employee from Protection under the ADA

As published by Lexology, an employee who missed nine months of work for reasons unrelated to her disability, and then another day without medical verification, was found by the U.S. Court of Appeals for the Eighth Circuit to be unqualified…

Disciplining employees for absenteeism: 8 do’s and don’ts

Employers have heard all the excuses. My alarm didn’t go off. My car broke down. My babysitter didn’t show up. I have a terrible cold. Though sometimes those excuses for being absent or late ring true, chronic absenteeism and tardiness…

Employers May Insist on Compliance with Medical Restrictions

As reported in Lexology (www.lexology.com) by Shawe Rosenthal Law Firm on December 28, 2018, courts have upheld that employers are not required to allow an employee to work in violation of medical restrictions imposed by a doctor even if the…

Why Fitness for Duty Testing and Ergonomics are So Important Today

Preventing on the job injuries has never been more important to industries. Work-related musculoskeletal disorders (MSDs) are increasing and costing employers over $20 billion a year in direct costs (with a multiple of 3-4 x for indirect costs). The average…

Fit-for-Duty Testing

Fit-for-Duty News Physical Demand Validations – The Legal Foundation for Fit-for-Duty Testing Fit-for-duty (FFD) exams conducted on a post-offer, preplacement basis can be essential to managing injuries, loss time, and increasing productivity. Failure to demonstrate abilities to perform the essential…

Welcome to the WorkSaver Blog

Today, our workforce is undergoing complex changes related to the effects of an uncertain economy and the impact of aging on safe job performance. It has never been more important for industries to take the most effective steps to help…

Pre-Placement Functional Testing

Fit-for-Duty News Post-Offer / Pre-Placement Functional Testing for New Hires – History & Current Practice With today’s concern about an increasingly aging work population and job applicants who may have significant medical conditions already in existence at the time of…

Preventing Cardiovascular Disease

Wellness Tip of the Month Preventing Cardiovascular Disease Cardiovascular disease (CD) resulting in heart attacks and strokes remains the leading cause of death among Americans today. CD affects about 84 million people in this country causing, on average, about 2,200…

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