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What is Discrimination Under Federal Law? By Robin Shea, Constangy Brooks Smith & Prophete LLP March 25, 2022 Just about everybody, whether they are an employer or not, knows that it is against the law to unfairly “discriminate” against an…

The Potential Legal Impact of Emojis in the Workplace by Littler Mendelson PC Note:On occasions, WorkSaver will provide articles that do not deal directly with employment testing, ergonomics, or wellness, but are considered potentially helpful to employers. This is one…

Determining Reasonable Accommodations in Disability Discrimination Cases – Impact of State Law It is generally accepted that the threshold element of a claim for disability discrimination is that the plaintiff has a “disability” as defined by ADA and is able…

Excusing Unpredictable Attendance Is Not a Reasonable Accommodation By Fiona W. Ong, Shawe Rosenthal LLP Although some employers may feel like they have to tolerate a lot as a reasonable accommodation under the Americans with Disabilities Act, one thing that…

Not Every Complaint Is a Request for Accommodation By Fiona W. Ong, Shawe Rosenthal LLP Employees need to provide sufficient information to the employer that a health issue could be a disability that is interfering with their ability to work,…

Being Overweight in Middle-age Reduces Life Span up to Five Years Abundant evidence links obesity with adverse health consequences. However, controversies persist regarding whether overweight status compared with normal body mass index (BMI; calculated as weight in kilograms divided by…

What’s Next for OSHA Rulemaking on COVID-19 and Other Infectious Diseases by Beveridge & Diamond PC OSHA announced that it intends to continue to work expeditiously to issue a final standard that will protect healthcare workers from COVID-19 hazards, and…

Requests for Medical Records Under the ADA From Shawe Rosenthal LLP The Americans with Disabilities Act governs employers’ ability to make medical inquiries of employees, including requests for medical records. And where the ADA permits employers to make such inquiries,…

Ergonomics to Prevent Knee Problems By Richard Bunch, PhD, PT, CBES and Trevor Bardarson, PT, OCS, CBES Knee problems are increasing in frequency among the American population as the work forces ages and becomes heavier. A measurement of stresses on…

One of the Most Dangerous Work Postures By Richard Bunch, PhD, PT, CBES and Trevor Bardarson, PT, OCS, CBES For many years now we have lectured nationally about the harmful effects of non-neutral neck postures. When the head is flexed…