Category

Worker Disability

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

By ADA, Best Practices, Policies and Procedures, Pregnancy Leave, Uncategorized, 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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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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The Heat Is Coming – Are You and Your Workers Prepared?

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

The weather may have been cooler than normal for much of the spring, but that doesn’t mean it will last. This summer, the outlook for Atlanta and surrounding areas predicts above average temperatures – with especially warm weather in June.  That’s not good, because hot weather can be dangerous – especially if it is muggy. Moist air makes it harder for the body’s internal cooling mechanism (sweat) to do its job.Don’t take chances with the…

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Cannabis in the Workplace – It’s Decision-Making Time

By Best Practices, Corporate culture, Driving Safety, Drugs in the Workplace, Employment Law, Worker Disability, Workplace Injuries

With cannabis (“pot”) having been decriminalized or legalized in more than 30 states—in many cases for recreational, personal use—employers are struggling with how to approach the issue. Cannabis has been touted as a medicinal aid for many conditions, from PTSD to Crohn’s disease, nausea, cancer, multiple sclerosis and more. Yet, cannabis can alter worker reaction times and cause other physical changes that could put the worker, the firm, and its customers at risk. In certain…

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Working with Sick Employees—What Are Your Rights—and Theirs?

By Corporate culture, Risk Management & Safety, Sick Leave, Worker Disability

With flu season peaking this month, you may be wondering what rights you have to control the workplace and its culture when employees might be sick. Do you encourage employees to go home when they are coughing and sneezing—even if they don’t want to? Do you intervene if your employees “sick shame” their peers, or do you consider it acceptable? Historically, employers have often worried more about employees taking off when they were not sick…

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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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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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The Heat Is On – Are You and Your Workers Prepared?

By Best Practices, Risk Management & Safety, Worker Disability

  With weather forecasters and the media trumpeting the news that the Southeast may see cooler-than-normal temperatures this summer, it may be tempting to assume that equates to a safer outdoor environment for workers. In reality, the forecast was for “near or slightly below average” temperatures, which won’t make a huge difference. Furthermore, the air is forecast to be muggy, which makes it harder for the body’s internal cooling mechanism (sweat) to do its job….

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The Challenge of Employee Obesity: Recent Court Rulings Raise the Bar; Medical Journal Says Home Healthcare Workers Are at Significant Risk

By Risk Management & Safety, Worker Disability, Workplace Injuries

A March 2018 court decision, Shell v. Burlington Northern Santa Fe Railway Company, has set a possible precedent for employers to be held liable in actions where they inadvertently classify an obese individual as disabled by making health assumptions based on weight. Per the Equal Employment Opportunity Commission (EEOC) obesity is not a protected status under the Americans with Disabilities Act (ADA) unless the obesity both is outside of a “normal” range and results from…

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