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 […]

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, […]

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 […]

The ADA Title I Medical Examination Disconnect

  Over the decades, and as recently as the May 16, 2007 hearing of the Equal Employment Opportunity Commission , the issue of employment testing under the Uniform Guidelines on Employee Selection Procedures (UGESP) has focused on psychometric forms of testing. Employment testing within the limits of ADA Title I medical examinations (42 U.S.C. § […]

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 […]