by worksaver-admin | Oct 15, 2019 | ADA
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....
by worksaver-admin | Aug 12, 2019 | ADA
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 precisely...
by worksaver-admin | Aug 12, 2019 | ADA, Fit for Duty
An informal discussion letter released by the EEOC sketches out the lawful boundaries under GINA and the ADA with regard to medical history inquires and annual fitness-for-duty examinations. Although the letter responds to an inquiry about medical history information...
by worksaver-admin | Mar 23, 2019 | ADA
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.” In...
by worksaver-admin | Mar 23, 2019 | ADA
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 terminate,...
by worksaver-admin | Mar 23, 2019 | ADA, Corporate Compliance
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 filed...