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 […]

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 […]

Reasonable Accommodation in FMLA vs ADA Title I

    I attended the DMEC FMLA/ADAAA Employer Compliance Conference in Washington, D.C. at the end of April.  Following are my reflections on the general buzz throughout the conference and my private conversation with a defense attorney. “Leave as an Accommodation” is a hot and worrisome topic among human resource and risk management professionals in […]