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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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Reassignment: The Often-Overlooked Accommodation of Last Resort
What happens when, at the end of a good faith interactive dialogue and despite the parties’ best efforts, there is apparently no reasonable accommodation that will enable the employee to perform the essential functions of their job? Can the employer safely...
Legal Termination of an Employee Worker Impaired by Prescription Drugs
A former employee with WellStar Health System failed to demonstrate to a federal appeals court that she was terminated from her job based on a disability instead of her admission that she reported to work impaired by prescription drugs. The former employee had...
The Legal Importance of ADA’s Interactive Accommodation Review Process
Sixth Circuit Court of Appeals clarifies that employers have discretion to provide a reasonable accommodation as identified through the interactive accommodation review (IAR) process. Once an employee abandons the IAR process, the employer has no duty to...
Opioid Use Disorder (OSU) has been determined to be an ADA Covered Disability
The U.S. Department of Justice reached a January 31, 2019 settlement of an American with Disabilities Act (“ADA”) Title III complaint against health care provider Selma Medical Associates relating to provision of medical services to an individual with opioid use...
Excessive Absences Disqualifies Employee from Protection under the ADA
As published by Lexology, an employee who missed nine months of work for reasons unrelated to her disability, and then another day without medical verification, was found by the U.S. Court of Appeals for the Eighth Circuit to be unqualified to perform an essential...
Disciplining employees for absenteeism: 8 do’s and don’ts
Employers have heard all the excuses. My alarm didn't go off. My car broke down. My babysitter didn't show up. I have a terrible cold. Though sometimes those excuses for being absent or late ring true, chronic absenteeism and tardiness can become a major problem in...
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