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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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Should a Woman be Hired for Labor Intensive Jobs?
First of all, allow me to state the obvious. It is illegal to deny a job to anyone based on gender. Women can and do play invaluable and innovative roles in the job market, including labor intensive jobs. Despite a growing number of women in labor intensive jobs...
Job Reassignment- The Accommodation of Last Resort
Reassignment as an accommodation is an issue that has split the court circuits. Prior to looking at how courts are divided, let’s begin with the consensus. First, the Americans with Disabilities Act (“ADA”) clearly requires employers to make reasonable...
A Sign that Companies Nation-wide May Have to Consider a Ban on Pre- and Post-Employment Marijuana Drug Testing
Recently, New York law makers announced they are considering a ban on pre-employment tests for marijuana. Effectively, this would prevent employers from testing prospective employees for marijuana usage during the hiring process. This approach comes as the United...
Potential Congressional Change Affecting Older Workers and Discrimination
On February 14, 2019, a bipartisan group of lawmakers in the Senate and House reintroduced the Protecting Older Workers Against Discrimination Act. This bill can result in reversing a decision made by the U.S. Supreme Court in 2009 by amending the Age...
Simple Leave of Absence Situation Leads to an Employee Discrimination Claim in California
A federal jury sided with Chipotle Mexican Grill last in a case involving disability discrimination claims by former assistant store manager, Lucia Cortez. Ms. Cortez alleged she suffered a miscarriage at work after years of trying to get pregnant, fell into a...
Using Fitness for Duty Testing as Part of an Interactive Accommodation Review
Under the Americans with Disabilities Act (ADA), the purpose of the interactive accommodation review (IAR) process is to “identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.”...
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