Medical Examinations

Isokinetic 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) and CSX...

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Municipal 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...

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A $1,600,000 ADA Title I Power Shortage at Georgia Power

Three years ago I coached a physical therapist through her effort to convince Georgia Power to change its ways. This week’s $1,600,000 settlement of a basket of employment disability charges against the company confirms the cold shoulder that my client’s...

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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,...

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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...

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