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The Interactive Accommodation Review Process Under the ADA

Background Title I of the Americans with Disabilities Act of 1990 (“ADA”) requires an employer to provide reasonable accommodation to qualified individuals with disabilities who are employees or applicants for employment, unless to do so would cause undue hardship. “In…

WorkSaver Launches New Online Scheduling & Testing Software Program

WorkSaver is happy to announce the implementation of its new online scheduling and testing software program. The software utilizes a secure, HIPAA compliant online system that allows our client companies easy access to scheduling and reporting. Once a WorkSaver client…

Drug Issues and Fitness for Duty Testing

The opioid epidemic is well known today and creating a big problem for businesses. So, it is timely to address how we should deal with prescription drugs, in particular pain killers, when conducting FFD tests. Since individuals who use illegal…

Creating a Fitness for Duty Program for Assessing Physical Abilities to Work – Administrative Guidelines

Although the primary burden of legal compliance in FFD programs falls on employers, it is beneficial, if not imperative, that fitness for duty (FFD) evaluators help employers understand how to correctly implement and manage FFD programs for their employees. Administrative…

Drugs and FFD Testing

In general, prior to a job offer, a job applicant may be asked about any current illegal use of drugs (including the use of prescription drugs without a lawful prescription) as such inquiries are not prohibited by federal and state…

Enforcing a Workplace Dress Policy

From Employment Law – Business Management Daily Employers may create policies that require employees to maintain a neat, clean, professional appearance. But as straightforward as the issue seems to be, grooming standards can create problems for employers. For example, employers…

In the past three decades there has been a large increase in the number of women employed outside the home and remaining in the workforce during pregnancy (Laughlin, 2011). Although I have previously addressed pregnancy and functional testing in the…

Fitness for Duty Tests and the AMA Guides: Assessing Risk, Capacity, and Tolerance to Work

Is an Employee Safe to Work? Determining whether a person is able to work safely can be difficult and challenging: it has the potential to affect individuals’ livelihoods as well as employers’ human resources by influencing workers’ employability, job transfers,…

EEOC-GINA lawsuits

The EEOC filed in May its first ever lawsuits alleging violations of the Genetic Information Nondiscrimination Act (GINA), both of which alleged that the employer violated GINA by including questions about family medical history in its post-offer, pre-employment medical exams….

Three Issues that Should be Updated in Your Employee Handbook

Guidelines for Social Media As the popularity of social networking continues to grow, employers should consider adopting policies that educate employees on the employer’s expectations and their legal obligations. While social media provides companies with marketing, recruiting and other business…

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