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 […]

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 […]