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Aug 12 2019
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Fitness for Duty in Pregnant Workers: A Test of Company Policies

By ADA, Best Practices, Policies and Procedures, Pregnancy Leave, Worker Disability

Prudent business leaders recognize the importance of requiring “fitness for duty” certifications as part of the hiring process, especially where a worker may need to perform lifting, bending, stair climbing and other physical duties. Many organizations also request fitness for duty certifications for a change in work status, and this is legal provided that the requirement is consistent across all workers. When workers (as well as job candidates) are pregnant, however, HR professionals face special challenges….

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May 14 2019
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ADA Alert: Wal-Mart Decision to Jettison Greeter Jobs for More Demanding Positions May Have Broad Repercussions

By ADA, Best Practices, Employment Law, Harassment and Discrimination, Worker Disability

In March of this year, Wal-Mart made headlines when it announced more reductions in its “Greeter” position as part of an ongoing phase-out of Greeters in favor of “Customer Hosts,” whose positions are more physically demanding. Walmart told Greeters across the country that their positions would be eliminated. They were invited to reapply as Customer Hosts, a role that requires employees to be able to lift 25-pound packages, climb ladders and stand for long periods of…

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Feb 05 2019
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Healthcare Workers Are at Significant Risk of Obesity, Yet Employers Must Not Discriminate

By ADA, Best Practices, Risk Management & Safety, Worker Disability, Workplace Injuries

Healthcare workers are at a much higher risk of obesity than the majority of occupations, according to a 2014 study by the American Journal of Medicine. In the survey, the healthcare category, overall, ranked 5th out of 20 industries with an obesity rate of 32 percent. However, analysts suggested that figure was skewed due to the inclusion of health providers, such as doctors, who have very low obesity rates. Furthermore, ‘Healthcare support’ positions, including home…

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Jan 08 2019
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Disability Law Update: Circuit Court Finds for Employer in ADA Employee Accommodation Case

By ADA, Employment Law, Worker Disability

Under the Americans with Disabilities Act (ADA), employers are required to engage in an interactive process to “identify the precise limitations resulting from a disability and potential reasonable accommodations that could overcome those limitations.” Many lawsuits have been filed by employees alleging their employer failed to accommodate them, and Marathon HR cautions its clients to tread carefully where the ADA is concerned. However, in Brumley v. United Parcel Service, Inc., No. 18-5453 (6th Cir. 2018), the…

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