GINA Settlement Affects Employment Testing Practices

  A recent settlement in the Joy Underground Mining case is a wake up call for employers who retain physicians or therapists to conduct medical examinations and employment tests. Specifically, the details of the case remind us all to review the medical history forms we use to collect what was once routine family information. This […]

Reasonable Accommodation Meets Arbitrary and Capricious

    I’ve been thinking about the physician’s role in the reasonable accommodation process with the decision making role of the employer. While the physician inarguably contributes to identification of an ADA qualifying impairment, a more limited number of physicians will have knowledge of the physical and cognitive demands of the essential functions of a […]

Review of ADAAA Actions Shaping 2016

  The line-up for our 2016 Reasonable Accommodation webinar series on the Americans with Disabilities Act has been set. Up first is a look back at the year 2015 federal lawsuits and EEOC settlements that shape how we will practice under the amended Americans with Disabilities Act in the coming year. We will look at […]

It’s Time To Come Clean About Sexual Harassment

  Eight former employees of the New York-based Suffolk Laundry Services, Inc. will share a $582,000 settlement of a sexual harassment lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC). Adding to the cost of the settlement is the additional cost of defending the lawsuit and the cost of administering a four-year consent decree […]

Cross-Training in the ADAAA Title I Environment

  I recently received an interesting question during a support call; the issues are paraphrased below: “One issue that seems to come up at a couple employers I deal with is “cross jobs”. By this I mean, one job title is cross-trained in several other jobs and could be moved across jobs even daily. Clear […]

Waive My Civil Right to Reasonable Accommodation?

  As we grow our businesses, we miss some of the important little things that then become big things. I am no stranger to this fact of business life!  Baltimore-based Media Star Promotions is a company that is “Committed to excellence, which means we work hard, we play hard and we make sure to make […]