Articles Posted in Human Resources Policies

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The Americans with Disabilities Act does not protect employee use of illegal drugs. It does not prevent employers from testing applicants or employees for current illegal drug use or making employment decisions based on verifiable results. However, the ADA would protect an employee with a disability who fails a drug test if the employer bases its termination decision on the underlying disability rather than the test result.

But here’s the thing. Continue reading

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For over a decade, federal law has required most employers to provide a nursing mother with reasonable break time to express breast milk after the birth of her child for up to one year after childbirth. Last December, the PUMP for Nursing Mothers Act became law. The PUMP Act provides additional workplace protections for employees who need to express breast milk, creating protections for an estimated nine million more employees.

Last week, the Wage and Hour Division published, Enforcement of Protections for Employees to Pump Breast Milk at Work, to help Department of Labor field staff enforce the law. This blog post is your movie trailer version of this latest publication.

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Last year, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. The name of the new law speaks for itself. Victims of sexual harassment or sexual assault at work that previously signed arbitration agreements can arbitrate their claims but don’t have to.

Yesterday, multiple news outlets, including Roll Call’s Ryan Tarinelli, reported that both the House and Senate will introduce a bill soon to end the forced arbitration of race discrimination claims in the workplace. Continue reading

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The EEOC has guided employers to accommodate employee use of certain prescribed medications, and excuse failed drug tests that reflect the presence of those drugs — if it is done safely — because those individuals who test positive likely have an underlying disability.

But, when employee self-medicate — like with CBDs for stress and anxiety — not only is there no duty to accommodate, the employee may not be able to establish an underlying disability. Continue reading

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A client embroiled in an employment dispute with a former employee once asked me if we could force the employee into arbitration. So, I asked the client for a copy of the arbitration agreement that the individual had signed.

After an uncomfortably long pause, I went back to drafting the complaint to be filed in court. Continue reading

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