Category

Worker Disability

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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