Tag: ADA

Robin Shea, partner with leading national labor and employment law firm (and ThinkHR strategic employment law partner) Constangy, Brooks, Smith & Prophete, LLP, explains what an Arizona federal court decision regarding an employee who tested positive for marijuana means for employers. A positive test may not equate to impairment. Those of us who have spent a…

We Share the Love

What We’re Reading – February 2019 At ThinkHR, we love to share our knowledge of all things people risk management. One of the ways we do this is by curating timely human resources stories from across the web. Here are nine articles that caught our eye this month. 6 Statistics on Office Romance Despite #MeToo,…

Get Back to Work!

Laura Kerekes writes a monthly “Innovative Workplace” column for Rough Notes, a publication that has been serving the insurance industry since 1878. While written for brokers, the information in her column applies equally to employers. Enjoy her December column on workers’ compensation. Managing the Intersection of Workers’ Compensation with Other Leave Regulations You’re ready when the…

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…