Blogs
EEOC Sues Colorado Trucking Company Over Post-Offer Testing Process
EEOC Sues Colorado Trucking Company Over Post-Offer Testing Process - Blog #69 Trucking firm JBS Carriers, based in Greeley, Colorado violated federal law by using pre-employment screening procedures that improperly screen out truck driving job applicants on the basis...
read moreIsokinetic Strength Test Triggers $3,200,000 Settlement
Chainsaws don't hurt people, people do. And isokinetic strength and aerobic capacity tests don't discriminate against people, work evaluators do. The June 13, 2018 announcement of a consent decree between the Equal Employment Opportunity Commission (EEOC)...
read moreMercedes-Benz Dealership’s $5,000,000 Lesson – Blog #70
Seattle Dealership's $5,000,000 Lesson - Blog #70 The October federal court settlement in a Seattle case presents another ‘go-giver’ opportunity for ergonomic evaluators, occupational therapists, and physical therapists. What Makes this a Go-Giver Moment? A...
read moreStaffing Agency Faces Federal Charges Under ADA Title 1
Staffing Agency Faces Federal Charges Under ADA Title I - Blog #69 Reasonable Accommodation for the Hiring Process Perceived WORK-RELATED Disability Regarded As Agency Administered Employment Test Deemed "Too Slow" Unknown Physical Demands of the Essential Function in...
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Lowe’s Settlement Highlights the Importance of “Withdrawal of an In-Place Reasonable Accommodation”
This $55,000 settlement reminds reasonable accommodation program managers of the need to sign-off on pending adverse employment decisions initiated by line supervisors.
read morePhysician Impairment Diagnosis Versus Work Disability and Reasonable Accommodation
This situation was raised on December 4, 2017, by a client in a large mid-west medical center. A nurse has a note from his primary care physician indicating that he should work the day shift because of impairments (i.e., not disabilities) related to anxiety,...
read moreGucker v U.S. Steel – Functional Capacity Evaluation Implications
The ADA Title I Medical Examination Specialist (T1MES) designation recognizes the individual who has acquired the knowledge, skill, experience, training, and education to design and administer a medical examination as defined in 42 U.S. Code § 12112 – Discrimination (d) medical examinations and inquiries.
read moreMunicipal Worker with Two Disabilities
This blog post is based on a question from a participant in a recent webinar. “I have a situation where I performed an FCE (a one-day worker evaluation) on an individual who is a municipal worker. He has been on light duty for a biceps tendon repair, and...
read moreMitigating 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’...
read moreA Physician, an Ergonomist, and a Functional Capacity Evaluator Walk Into a Juice Bar
I often feel like a tour guide as I walk my daily journey of answering questions about the roles of various professionals involved in return to work decisions under Title I of the Americans with Disabilities Act. A week or so ago I received an inquiry from...
read moreA $1,600,000 ADA Title I Power Shortage at Georgia Power
November 15, 2016 Updated August 2018 (keywords: essential function job analysis, Americans with Disabilities Act, title I, human resource, reasonable accommodation, employment testing, cognitive, physical, disability) Three years ago, I coached a physical...
read morePhysician-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...
read moreShining 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,...
read moreTerminated 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...
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