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 […]

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 […]

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 […]

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 […]