by the end of the business day following
the changes; (ii) refund a worker’s reasonable costs of transportation when the worker
travels to and then declines an assignment
that is substantially different from the written
job description; and (iii) refund the worker’s
reasonable costs of transportation when the
client substantially changes the worker’s job
duties during work hours, the worker declines
such work, and no work fitting the written job
description is available.
Accordingly, ASA recommends that staffing
firms address these requirements in written
client contracts. Staffing firms also should
thoroughly familiarize themselves with the
new regulations and seek the advice of legal
counsel to ensure compliance with the job
order and all other requirements.
The final regulations follow MSA testi-
mony during hearings last year and, at the
urging of state regulators who sought new
regulations that would address the staffing
industry’s concerns and protect temporary
workers, several months of negotiations
between ASA, MSA, and Greater Boston
Legal Services. The regulations can be
accessed at americanstaffing.net.
—Stephen Dwyer, ASA
Staffing Firm Wins ‘Shy Bladder
Syndrome’ ADA Case
In Heit v. Aerotek Inc., a U.S. District Court
in Washington dismissed a temporary job
applicant’s Americans With Disabilities Act
claims against a staffing firm because the
worker did not submit sufficient documentation of his alleged disability, and therefore
the staffing firm had no duty to accommodate him.
Under an agreement with its client, the
staffing firm was to ensure all temporary
workers passed a post-offer drug test. While
at the clinic for his drug testing, the worker
was unable to provide a urine sample, claim-
ing he had “shy bladder syndrome.” The staff-
ing firm requested that the worker provide
documentation from his primary physician
substantiating the claimed medical condition.
Instead, a doctor at the clinic—who failed to
review the worker’s medical records or conduct
a physical exam—provided the worker with
a note stating he suffered from a form of
anxiety that may affect his ability to provide
a urine sample for drug testing. A medical
review officer employed by the clinic, in turn,
informed the worker that his note was insuf-
ficient. The staffing firm advised the worker it
would engage in the interactive accommoda-
State of the
MARK YOUR CALENDAR!
The next ASA State of the Industry webinar takes
place Tuesday, March 14, 3–4 p.m. Eastern time.
ASA webinars are free for ASA members.
Get the latest data, legislative updates,
and important industry trends
affecting your company.
Go to americanstaffing.net/webinars.
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