By Fiona W. Ong, Shawe Rosenthal LLP – Lexology, January 31 2024 As the U.S. Court of Appeals for the 4th Circuit explained, for purposes of the Americans with Disabilities Act, “[m]erely labeling a list of suggestions an ‘accommodation request’…

Blog Labor & Employment Report Fiona W. Ong, Shawe Rosenthal LLP Lexology, October 27 2023 An employee who refused to be vaccinated against COVID-19 argued that his employer violated the Americans with Disabilities Act (ADA) by regarding him as having…

Sarah J. Hawk and Tieranny Cutler – Barnes & Thornburg LLP Lexology, October 30, 2023 Employers are presented with many third-party recruitment options for maintaining and expanding workforces. Such efforts must comply with the anti-discrimination provision of the Immigration and…

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…

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…

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…