William Schurgin Quoted in Risk & Insurance Online
“Workers’ Comp and Disability Professionals Need to Make Adjustments to Stay Ahead of the Regulatory Curve in 2010”

William Schurgin was quoted in the January 7, 2010 Risk & Insurance Online article, “Workers’ Comp and Disability Professionals Need to Make Adjustments to Stay Ahead of the Regulatory Curve in 2010.” The article discussed how workers’ compensation and disability management professionals are preparing to navigate through the changing regulatory landscape in 2010. According to the article, the final Americans with Disabilities Act Amendments Act (ADAAA) regulations, which are expected in July by the Equal Employment Opportunity Commission (EEOC); the implementation of the Genetic Information Nondiscrimination Act (GINA); and a slew of workplace health and safety regulations will keep employers busy in the coming year.

Bill noted that it is difficult to predict what the EEOC will do regarding the final ADAAA regulations because some of the regulations do not accurately reflect the language of the statute, which revised the definition of disability. He recommended, “From a practical standpoint, employers must focus on making sure they have good standards in place to determine the essential functions of a job, as well as solid reasonable accommodation practices in place that will allow individuals with medical conditions to be evaluated on a case-by-case basis. You must be very careful when saying that a condition is not a disability, because we just don't know where the line will be drawn."

The article explained that employers are also facing regulations aimed at preventing genetic discrimination. Steve noted that "GINA has a wide-reaching impact, and employers need to be aware of that and get into compliance quickly. Although we may not see a proliferation of litigation immediately, employers should be conducting self audits to ensure they are compliant with GINA's collection and anti-disclosure requirements." He also suggested that employers should review information they request to determine if an employee is fit for duty—post-offer but pre-employment.