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 […]

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 […]

New Physicians Responsibilities

  I have written many times that, of the groups strongly affected by the 2008 revision to the Americans with Disabilities Act, physicians are the most overlooked. When I mix together my lay knowledge of the law, the outcome of recent federal court judgments and EEOC settlements, and my 25+ years working around and training […]

Removing the Drama in ADA Title I Accommodation

  Several years ago I was searching for a framework that would keep me from getting lost in the complexities of a request for accommodation. I assisted a colleague in dealing with a request that was surrounded by “drama talk”. We’ve all experienced drama, it’s all the noise that goes on around an issue that […]