Q: What does it mean to “ban-the-box,” and how does it affect our hiring process?
A: Ban-the-box legislation is quickly spreading throughout state and local jurisdictions. Even if your jurisdiction has not adopted such legislation yet, it is likely that it will do so in the not-so-distant future. Therefore, it is vital to understand both the rationale behind the legislation and how it will affect your organization’s hiring processes.
Q: My company requires employees to submit to random drug tests. Will our drug testing policies “go up in smoke” as laws grow more lenient towards marijuana use?
A: That is a valid question considering that Pennsylvania became the 24th state to legalize the use of marijuana for medical purposes. In addition, several jurisdictions have legalized marijuana for recreational use. Importantly, however, marijuana use, distribution, and possession remains prohibited under federal law.
So what does this mean for employers?
Q. We have several employees with tattoos on their necks and forearms. Can we require them to cover up?
A. Many employers have in place employee dress codes, in an effort to maintain a certain brand image, comply with health standards, and foster professionalism. As tattoos, body piercings and other forms of body art are trending in today’s culture, some employers have struggled with whether such displays are in keeping with the company’s image. To what extent can an employer place rules on an employee’s appearance at work without violating anti-discrimination laws?
Q. As a federal contractor, do I need to worry about complying with any special rules with respect to sex discrimination?
A. The Office of Federal Contract Compliance Programs (OFCCP) recently revised rules on sex discrimination, which took effect on August 15. The revised rules require covered employers to take
Q: We have an employee who is unable to perform some of his essential job requirements because of physical limitations due to his weight. Do we need to provide him with an accommodation?
A: Given that almost one-third of the U.S. population is considered obese, many employers are struggling with whether to provide accommodations for employees whose weight prohibits them from performing all of their job functions. Whether obesity falls under the Americans with Disabilities Act is a hotly debated issue. Employers must juggle the cost and resources of providing accommodations with the desire to create a comfortable environment for all employees and avoid discrimination claims.
Q. One of our employees complained that she is uncomfortable sharing the bathroom with an employee who is in transition. What are we required to do to provide a comfortable work environment for everyone?
Many employers are having discussions about equal employment opportunities for transgender employees and what steps are necessary to make the work environment comfortable for everyone.
Q. I have been told that Pokémon Go is a lot of fun, but it seems like my employees are spending more time trying to catch fictional monsters than getting their work done. How do I keep this craze in check?
Yours is not the only workplace to succumb to the Pokémon Go craze! In a recent poll by Forbes and Apester, 69 percent of the employees surveyed admitted to playing Pokémon Go at work. Even more disturbing, more than one-third of the employees confessed to spending more than an hour of the workday playing the game.
Q: An employee has asked to work from home because of his disability. Do I have to provide him with that option?
A: With technology making it easier than ever for people to work remotely, more employers are seeing requests to offer telecommuting as a reasonable accommodation of a disability. But, depending on the job, telecommuting may not be the best option, or even an option at all.
Q. I read somewhere that it is ok sometimes to choose employees of a particular sex, national origin or religion. Isn’t that discrimination?
A. Federal, state and many local laws prohibit employers from basing employment decisions on any protected category, including an employee’s sex, national origin or religion. While there are certain exceptions, such as where a particular protected category is a bona fide occupational qualification, the exceptions are extremely narrow, as one Broadway show found out the hard way.
Q. The world feels like a scary place these days. In light of current events, what are my obligations with respect to providing a safe workplace for employees.
A. You are not alone in asking this important question. The sad and horrific string of mass shootings — from Sandy Hook to San Bernadino to Orlando to Dallas to Baton Rouge — is causing many employers to take a hard look at their workplace violence policies and programs.