Tag: Safety Don

Employee Testing: Meeting ADA Requirements While Keeping Employees Safe

By Chris Ceplenski Jul 15, 2013 HR Management & Compliance

Updated: Oct 10, 2013

Did you know that some employers may be violating ADA requirements when performing safety tests for OSHA? This may include testing employees to ensure that they can perform certain physical functions of the job. This may also include taking adverse actions only against employees who have a disability. Employers need to be careful. “Some employers […]

Is OSHA a Defense to an ADA Discrimination Claim?

By Chris Ceplenski Jul 10, 2013 HR Management & Compliance

Updated: Oct 10, 2013

What happens when OSHA compliance gets in the way of ADA compliance? For example, what happens if an employer fires someone (with proper process and documentation, of course) for unsafe behavior, only to discover that this person had an undisclosed medical condition that was causing the behavior? The medical condition qualified as a disability, which […]