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The WorkSaver Blog
Dive into the latest from WorkSaver Systems, where we explore diverse topics, from EEOC legal compliance to the real-world impacts of physical ability testing.
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Associational Discrimination Under the ADA
The association provision of the Americans with Disabilities Act (ADA) prohibits employment discrimination against an employee or applicant because of a known relationship or association with a person with a known disability. This means that an employer is...
Validating Physical Ability Tests (PATs) – What is the Best Method?
Richard W. Bunch, PhD, PT, CBES Physical ability tests (PATs) used for job placement of individuals upon hire or upon return to work following an injury/illness are subject to challenges from the Equal Employment Opportunity Commission (EEOC) and the Office of...
Sixth Circuit Provides Important Employer Guidance in Combating FMLA Abuse
Dykema Gossett PLLC The Sixth Circuit Court of Appeals recently provided employers addressing potential FMLA abuse with important guidance on how such matters should be addressed. It turns out that playing golf while on an FMLA leave can get you fired. In LaBelle...
Regular and Reliable Job Attendance Can Be Considered an Essential Function of Most Jobs
The U.S. Court of Appeals for the Eighth Circuit rejected a locomotive engineer’s “failure to accommodate claim” under the Americans with Disabilities Act, while also finding that providing an accommodation in the past does not necessarily render the accommodation...
Large Jury Award in Disability-Bias Case – What the Employer Did Wrong
Richard W. Bunch, PhD, PT, CBES It always amazes me when reviewing legal cases about allegations of employee discrimination how employers too often create their own problems that are quite costly. In the California case, Abarca v. Citizens of Humanity, LLC, Mr....
Accommodating an Anxious Workforce
The American workforce is becoming increasingly subject to anxiety and depression disorders. Employers must find ways to retain and motivate employees with such diagnoses in order to maintain a competitive advantage and to avoid legal liability. Nobody knows...
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