A history of accommodations with an employee will serve as your best defense to deflect a subsequent discrimination claim by that employee.
Why can't we use blood-alcohol tests, rather than breath-alcohol testing, if we reasonably suspect an employee is intoxicated?
—Sidestepping the Minefield, HR consultant, sales/consulting, Springfield, Illinois
I have yet to read an opinion that suggests that legalized marijuana requires accommodation by employers for workplace use, even for medicinal purposes.
As the popularity of e-cigarettes continues to grow, there’s still no definitive ruling on the safety and proper regulation of the tobacco-free alternative. It’s up to employers to fill in the gaps.
The ADA protects 'alcoholism' as a disability, but there is a difference between alcoholism and being drunk at work, which the ADA absolutely does not protect.Read More
An injured worker with a painkiller addiction not only represents a health and safety concern for that individual, but also presents potential liabilities for the employer.Read More
Surprisingly, the ADA is silent on these issues. But the 6th Circuit federal court attempted to give us some answers.Read More
Even with legalized pot laws on the books in 20 states, it’s still unclear how medical and recreational marijuana fits into workplace drug and alcohol policies.Read More
The handling of employees taking legal prescription medications is highly fact sensitive and legally nuanced.Read More
One of the most important things to consider when planning the holiday party is how to limit the consumption of alcohol by party-going employees.Read More