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Court Finds Elevated Risk of COVID-19 Complications is Not Covered

Court Finds Elevated Risk of COVID-19 Complications is Not a Covered Disability under Federal Law Blog by Venable LLP – Brian J. Clark and Allison B. Gotfried On September 28, 2021, Venable LLP attorneys Brian Clark and Allison Gotfried secured…

Exercise Balls for Office Chairs – Good or Bad

Exercise Balls for Office Chairs- Are they Good for You? It is well known that sitting all day is bad for you. Consequently, it is inevitable that people will look for innovative types of chairs to improve health while sitting….

Job Absenteeism Costs of Obesity in the United States

The following information was derived from the journal publication: Job Absenteeism Costs of Obesity in the United States – National and State-Level Estimates published by Cawley et al in the July, 2021 issue of the Journal of Occupational and Environmental…

An Assistant to Perform Essential Functions Is Not a Reasonable Accommodation

An Assistant to Perform Essential Functions Is Not a Reasonable Accommodation Reference: Law Firm of Shawe Rosenthal LLP Under the Americans with Disabilities Act, an employer is not required to provide an assistant to perform an employee’s essential job functions,…

Compensability of After-Hours Injuries

The Compensability of After-Hours Work Injuries From the law office of: Foster Swift Collins & Smith PC – Alicia W. Birach, Michael A. Cassar, Brian G. Goodenough, Tyler J. Olney and Michael D. Sanders,/ Industries should be aware about laws…

Using the “Direct Threat” Defense to Withdraw an Offer of Hire to a Person with a Disability

Using the “Direct Threat” Defense to Withdraw an Offer of Hire to a Person with a Disability An employer may assert a “direct threat” defense when making a determination not to hire an applicant with a disability when the employer…

Employee Incapable of Complying with Valid Safety Requirements is Not a “Qualified” Individual

Employee Incapable of Complying with Valid Safety Requirements is Not a “Qualified” Individual An employee who is categorically unable to comply with an employer’s valid workplace safety requirement is not a “qualified” individual under the Americans with Disabilities Act (ADA),…

Legally Using a Direct Threat Defense when Withdrawing a Job Offer or Terminating an Existing Employee

The “Direct Threat” Defense when Withdrawing a Job Offer or Terminating an Existing Employee WorkSaver Physical Ability Tests (PATs) are based on validated essential functions of a job and establishes pass/fail criteria at the “Direct Threat” level. The direct threat…

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…

Can a Fitness-for-Duty Examination be Required if I have a Mental Condition?

An Employee’s Question I’ve been off work for six weeks or so, seeking treatment for post-traumatic stress disorder (PTSD) related to my military service. Although my condition was debilitating at onset, I feel much better now and am fully able…

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