Have you stopped hitting your wife?

The Art of the Loaded Question Meets the Americans with Disabilities Act Service Provider   On a regular basis I receive a phone call from a seasoned work evaluator who has come face-to-face with the loaded question, “How many of these cases have you litigated?” The caller is typically an occupational therapist or physical therapist […]

Continue reading

Mitigating Workers’ Compensation Cost with ADA Title I Post-Offer Nerve Conduction Data

A colleague asked me to confirm the forensic value of nerve conduction data (NCD) harvested from a post-offer employment test (POET). He was specifically interested in sharing post-offer test data to apportion treatment and rehab costs in a State workers’ compensation system. The use of medical information obtained during the conditional-hire phase of employment (as […]

Continue reading

Physician-Vendor Ignorance of the ADA Title I Leads to Another Federal Lawsuit

Oilfield Instrumentation, USA, Inc., an oilfield services company operating in at least 6 states, is another in a long line of employers ill-served by a medical examination vendor’s lack of fidelity to Title I of the Americans with Disabilities Act. In this case Dr. Francisco Silva of Acadian Health Services Clinic, a purveyor of occupational […]

Continue reading

Shining a Light on Fit-for-Duty

Fitness-for-Duty Vendor Entangles Cummins Power in Title 1 and GINA Trap Here is another cautionary tale for employers who hire outside medical professionals to administer ADA Title 1 employment tests. Although occupational therapists, physical therapists, and physicians who provide post-offer employment testing and functional capacity evaluation for stay-at-work or return-to-work may not be first in […]

Continue reading

Terminated Without Accommodation

  Sometimes you do all the right things and still end up with the short end of the stick. Glen Janisch, the human resource manager for Battle Creek’s RockTenn paper and packaging manufacturer stepped away from his desk to have open heart coronary bypass surgery under a pre-authorized short-term-disability leave and was terminated 11 days […]

Continue reading

Changing or Removing An In-Place Accommodation

  An employer has the right to change work methods, production targets, and qualification standards as business necessity dictates. As the number of qualified individuals who have an in-place reasonable accommodation grows, those of us who manage these human resources must establish and enforce procedures for withdrawing a granted reasonable accommodation. Changing human behavior around […]

Continue reading