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 […]

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 […]

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 […]

A Skilled Surgeon Should Stay Out of the Forest

  The temperature at dawn today was minus 18 degrees.  My day today is about bringing in more firewood, working on an online curriculum for a new course, and writing a blog or two. The pleasant thing about splitting or moving firewood is that I get into the flow of thinking. Today’s thought: if you were allowed […]

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 […]

GINA Settlement Affects Employment Testing Practices

  A recent settlement in the Joy Underground Mining case is a wake up call for employers who retain physicians or therapists to conduct medical examinations and employment tests. Specifically, the details of the case remind us all to review the medical history forms we use to collect what was once routine family information. This […]

Review of ADAAA Actions Shaping 2016

  The line-up for our 2016 Reasonable Accommodation webinar series on the Americans with Disabilities Act has been set. Up first is a look back at the year 2015 federal lawsuits and EEOC settlements that shape how we will practice under the amended Americans with Disabilities Act in the coming year. We will look at […]