In the Dura Automotive case, the employer tested all of its employees for prescription medications, regardless of their job duties. This across-the-board testing runs afoul of the ADA. If you have safety-sensitive positions, in which employees will pose a direct threat by performing their essential job functions while impaired, then you may be able to test those employees for legally-prescribed medications.
Articles by Jon Hyman
Any successful bring-your-own-device program results from a synergy among the C-suite, legal, IT, HR, and risk management. Involve all of these departments to make sure that your BYOD program is successful, and addresses all necessary security issues.
A court recently concluded that even though the word ‘bitch’ is sexually based, its use must be examined in context to determine whether it constitutes harassment ‘because of sex.’
The EEOC made what might be the most significant pronouncement to date on the issue of the protection of the transgendered as gender discrimination.