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 […]

Terminated 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 surgery under a pre-authorized short-term-disability leave and was terminated 11 days […]

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 human resources must establish and enforce procedures for withdrawing a granted reasonable accommodation. Changing human behavior around […]

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, […]

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 […]