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An Employee Who Refuses the COVID Vaccine Is Not Protected by the ADA

Covid 19 vaccine

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…

Avoiding Violations of the Immigration and Nationality Act (INA) when Hiring Through Third-Party Recruitment Platforms

Successful Muslim Woman At Work

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…

When Physical Ability Tests are Allowed

Physical ability test at WorkSaver Systems

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…

EEOC’s Second Set of Guidance on using Software, Algorithms and Artificial Intelligence in Employment Decisions

Artificial Intelligence (ai) Technologies and chatbots

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…

Can Employers Modify Physical Ability Testing as an Accommodation Under PWFA?

Man during an employee physical ability test

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…

Avoiding Code Words for Age Discrimination

Man facing age discrimination

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…

Can You Pass the Pregnant Workers Fairness Act Quiz?

Active Pregnant Woman Exercise In Fitness Center

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…

Can an Accommodation be Withdrawn After it is Provided to an Employee?

Disabled Man In Wheelchair On Road

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

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…

Do NOT Cut Off the Interactive Accommodation Review

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…

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