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…

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…

As we presented earlier in our WorkSaver newsletter the federal Pregnant Workers Fairness Act (PWFA) became effective June 27, 2023. This act entitles pregnant employees the right to reasonable accommodations pertaining to pregnancy, childbirth, post-partum recovery period and any related…

It is well known that the share and participation rate of older workers in the labor force is growing. According to the Bureau of Labor Statistics, the labor force is expected to increase by 8.9 million, or 5.5 percent, from…

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…

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…

Can Non-Employers Be Sued for Interference with an Employee’s ADA Rights? By Shawe Rosenthal LLP (Lexology Blog, August 31 2022) Addressing this “novel” question, the U.S. Court of Appeals for the Sixth Circuit answered: No. However – be careful –…

Discrimination Against Job Applicants and Employees with Opioid Use Disorder The opioid epidemic has greatly impacted individuals from all walks of life throughout the United States. In an effort by WorkSaver to keep employers advised on current regulations dealing with…

Evaluating COVID-19 as a Disability Under the ADA By Spilman Thomas & Battle PLLC In December 2021, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance, clarifying that COVID-19 may qualify as a disability under the American with Disabilities Act…