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Tracey Diamond

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Tracey Diamond counsels clients on workplace issues, provides harassment training, conducts internal investigations, drafts policies and procedures, negotiates employment and severance agreements, advises on independent contractor, FMLA and ADA compliance issues, and partners with clients to structure their workforce in the most efficient and effective way possible.

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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.

Q: An employee is asking to take medical leave. What sort of questions am I allowed to ask her?

A: Ask any HR generalist, and they will tell you that the Family and Medical Leave Act (FMLA) provides up to 12 weeks of job protection and continuation of health insurance benefits to employees who have a serious health condition. HR practitioners also know that they are permitted to seek information about an employee’s serious health condition to determine whether the employee qualifies for leave. But, how much can they ask, and what kind of medical questions are allowed?