Retail Industry Update - September 2011: The Injured Worker - Practical Approaches For Avoiding Lawsuits

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By Ed Harold (New Orleans)

Retail jobs almost all require certain physical capabilities. These can include physical work such as moving heavy inventory, pushing a mop, bending to assist a customer in getting a product off the bottom shelf, or handling merchandise at the cash register. Employees with physical limitations that prevent them from performing all the functions of their job can be difficult to manage.

In the age of the new Americans with Disabilities Act, simply telling employees to go home until they recover is not as easy as it once was. While the largest retailers may have some ability to move employees with physical limitations into less strenuous jobs, this is not an option for most retailers where all employees are needed to perform all functions.

Please see full update below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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