Tag: ADA

Question: We have a new employee in our call center who has a service dog. She came to her interview and trained without the dog, but is now asking if she can bring her dog to work. Do we have to accommodate her request? Answer: The first step will be to determine whether the dog…

Question: We found pornography on an employee’s computer. How should we handle this? And, is an employee’s addiction to pornography protected under the Americans with Disabilities Act (ADA)? Answer: An addiction to pornography is not protected because under the ADA, it is not defined as a disability. According to ADA, the term disability does not…

Question: Is medical marijuana use protected by the Americans with Disabilities Act (ADA)? If so, what accommodations would be considered reasonable? Answer: You are not required to accommodate medical marijuana use under the Americans with Disabilities Act (ADA). Even though medical marijuana is legal in many states, under the federal Controlled Substances Act (CSA), marijuana…

Question: Are we allowed to ask employees or applicants whether they’re taking prescription drugs?  Answer: No. In most instances you are prohibited from asking employees and applicants about any prescription medicines they are taking. This type of medical-related inquiry is considered confidential medical information and is protected under the federal Americans with Disabilities Act (ADA) and…

This year’s flu season is a rough one. Although the predominant strains of this year’s influenza viruses were represented in the vaccine, they mutated, which decreased the effectiveness of the immunization. The flu then spread widely and quickly, and in addition, the symptoms were severe and deadly. The U.S. Centers for Disease Control and Prevention…

On August 22, 2017, in AARP v EEOC, a federal court found that regulations allowing employers to offer large incentives under workplace wellness programs were arbitrary. The court did not vacate (nullify) the rules due to concerns about disrupting employers’ existing programs. Instead the court has ordered the responsible agency, the Equal Employment Opportunity Commission…

Question: We recently advised a client to keep protected health information (PHI) filed separately from other employee data. While we have this recommendation in writing from our attorneys to us in a HIPAA business associate agreement (BAA), I am not able to find any documentation that as a plan sponsor an employer should also follow…

Question: We have an employee who went on disability with a workers’ compensation claim and came back to work on restricted duty. However, we cannot accommodate the restrictions. Can we terminate his employment because we cannot accommodate the restrictions? Answer: If you have an employee who has been out on workers’ compensation and has received…

The U.S. Equal Employment Opportunity Commission’s (EEOC) recent litigation against employers over incentives granted to employees participating in wellness programs may be a concern for other employers. Specifically, the EEOC has asserted that the size of the incentive that is lost by employees that refuse to participate could render an employer’s wellness program “involuntary” and…

Question: We have an employee who does not qualify for federal Family and Medical Leave Act (FMLA) leave. We would like to know what other types of leave are available to the employee. What are the eligibility requirements for the various leaves? Answer: This answer would largely depend on the company size and/or location, as…