Human Resource Claim of Retaliation- It’s in the Details

A consent decree signed in Minneapolis this month seems to be the final chapter in the story of Human Resources Manager Patricia Lebens and her former employer. It’s a story of post-discharge reporting of possible employment discrimination, potential retaliation in the form of filing of a criminal complaint of theft against Lebens, and a cautionary […]

The One-Way Interactive Conversation

  Part of the magic of the reasonable accommodation interactive process is the two-party conversation that takes place. The success of the conversation predicts the success of a mutually agreed upon solution. A difficult conversation points to a less successful process. As background, the interactive process (IP) is the vessel that holds the actual conversation, […]

A Skilled Surgeon Should Stay Out of the Forest

  The temperature at dawn today was minus 18 degrees.  My day today is about bringing in more firewood, working on an online curriculum for a new course, and writing a blog or two. The pleasant thing about splitting or moving firewood is that I get into the flow of thinking. Today’s thought: if you were allowed […]

EEOC vs Cessna – Invest in Understanding ADA Title I

EEOC vs Cessna -Invest in Understanding ADA Title I

  Last month’s Cessna Aircraft settlement with the EEOC brings into focus many of the reasons I redirected my life’s work in rehabilitation and employment testing to focus on the challenges and benefits presented by Title I of the ADA. As I have said in many speeches, online courses and blogs, Title I of the […]

Managing Risk in ADA Title I

  A friend and former colleague of mine who loved numbers was a keen observer of human behavior. He “came up” in the days of putting pencil to paper. I first met him in the year just after the Apple II was conceived. Visicalc may have resided in a future thinking nerd’s brain but it […]

The ADA Title I Medical Examination Disconnect

  Over the decades, and as recently as the May 16, 2007 hearing of the Equal Employment Opportunity Commission , the issue of employment testing under the Uniform Guidelines on Employee Selection Procedures (UGESP) has focused on psychometric forms of testing. Employment testing within the limits of ADA Title I medical examinations (42 U.S.C. § […]

New Physicians Responsibilities

  I have written many times that, of the groups strongly affected by the 2008 revision to the Americans with Disabilities Act, physicians are the most overlooked. When I mix together my lay knowledge of the law, the outcome of recent federal court judgments and EEOC settlements, and my 25+ years working around and training […]

Removing the Drama in ADA Title I Accommodation

  Several years ago I was searching for a framework that would keep me from getting lost in the complexities of a request for accommodation. I assisted a colleague in dealing with a request that was surrounded by “drama talk”. We’ve all experienced drama, it’s all the noise that goes on around an issue that […]

Revoking Accommodation?

  I sit here shaking my head. I continue to be astonished that many of America’s city and county governments do not get ADA Title I. This week two cases were brought to my attention. One is a constructive discharge (fired) threat based on revoking a successful accommodation. The other is rescinding an offer of […]