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 […]

Reasonable Accommodation Meets Arbitrary and Capricious

    I’ve been thinking about the physician’s role in the reasonable accommodation process with the decision making role of the employer. While the physician inarguably contributes to identification of an ADA qualifying impairment, a more limited number of physicians will have knowledge of the physical and cognitive demands of the essential functions of a […]

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 […]

ADA Guidelines -Job Applicants & Reasonable Accommodation

The following questions are from “Getting Started: Launching Your Reasonable Accommodation Program” Webinar, aired August 12, 2015.  I have an applicant for a janitorial job who has extensive spine injuries. He is requesting that the employer provide a back belt upon hire for wearing at work. There is NIOSH research that shows that back belts […]