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OSHA Releases Guidance on Reopening Workplaces

(The following article written by the law firm, Proskauer Rose LLP, and published in Lexology. Proskauer is a leading international law firm with offices in  New York, Beijing, Boston, Chicago, Hong Kong, London, Los Angeles, Paris, São Paulo and Washington,…

Are Employers Required to Accommodate Employees Living with Family Members who are at High Risk to Covid-19 Exposure?

Employers have been facing accommodation requests from employees who consider themselves personally at risk for contracting Covid-19. Typically, an accommodation request deals with working from home or remotely in order to limit their contact with coworkers and customers. However, employees…

The Year 2020 Will Bring Several Important New Laws that Will Impact Employers

The following is a brief overview of some key issues that may dominate the legal landscape in 2020 and beyond. LGBT Rights Due to its significant impact on the civil rights of more than eight million LGBT individuals in this…

How to Respond to an EEOC RFI in a Hiring Discrimination Charge

Since 1993 WorkSaver has conducted hundreds of thousands of ADA and EEOC compliant fitness for duty tests (referred herein as Physical Ability Tests). Since that time, WorkSaver has been involved as an expert consultant in a nationally known EEOC case…

How to Respond to an EEOC RFI in a Hiring Discrimination Charge

Since 1993 WorkSaver has conducted hundreds of thousands of ADA and EEOC compliant fitness for duty tests (referred herein as Physical Ability Tests). Since that time, WorkSaver has been involved as an expert consultant in a nationally known EEOC case…

Regular and Reliable Job Attendance Can Be Considered an Essential Function of Most Jobs

The U.S. Court of Appeals for the Eighth Circuit rejected a locomotive engineer’s “failure to accommodate claim” under the Americans with Disabilities Act, while also finding that providing an accommodation in the past does not necessarily render the accommodation reasonable….

Employers Can Reduce Worker Fatigue

​Fatigue is a growing problem affecting the workforce. Research estimates that 13% of workplace injuries can be attributed to fatigue, and 43% of Americans admit they may be too tired to function safely at work. Following are some steps employers…

The Rumor Mill Is Now Your Problem? Yes, According to the Fourth Circuit

In a decision that could have wide-ranging implications for all employers, the Fourth Circuit recently held that an employer’s failure to stop a false rumor that a female employee slept with her male boss to obtain a promotion, could give…

Job Reassignment- The Accommodation of Last Resort

Reassignment as an accommodation is an issue that has split the court circuits. Prior to looking at how courts are divided, let’s begin with the consensus. First, the Americans with Disabilities Act (“ADA”) clearly requires employers to make reasonable accommodations…

A Sign that Companies Nation-wide May Have to Consider a Ban on Pre- and Post-Employment Marijuana Drug Testing

Recently, New York law makers announced they are considering a ban on pre-employment tests for marijuana. Effectively, this would prevent employers from testing prospective employees for marijuana usage during the hiring process. This approach comes as the United States is…

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