Jackson Lewis Newsletter For AATOD Members – July 23, 2014
Welcome to our eighth newsletter for AATOD members, where we highlight recent developments in employment law that should be of particular interest to your membership. Links are provided to our website, blogs, and other sources for more detailed information, or, you may contact the attorneys listed below directly. For specific employment law questions, you may speak to one of our attorneys through the Risk Management Hotline we have created for AATOD by calling 1-866-220-0946. To access the articles discussed below, press Control Click on the link.
New York Becomes 23rd State To Enact Medical Marijuana Law
The Governor of New York signed on July 7 New York’s Compassionate Care Act, which will permit limited use of medical marijuana by individuals suffering from covered medical conditions, making New York the 23rd state to legalize the use of medical marijuana.
http://www.drugtestlawadvisor.com/2014/07/10/new-york-becomes-23rd-state-to-enact-medical-marijuana-law/
EEOC Issues Controversial Pregnancy Discrimination Guidelines
In a controversial move, the EEOC has issued Enforcement Guidance on Pregnancy Discrimination and Related Issues, along with a “Q&A” document about the guidance and a Fact Sheet for Small Businesses.
http://www.disabilityleavelaw.com/2014/07/articles/uncategorized/eeoc-issues-controversial-pregnancy-discrimination-guidance/
Inflexible Leave Policy is Fair, Lawful and Protects Disabled Employees, Says Tenth Circuit
The EEOC has sued numerous employers, alleging that their “inflexible leave policies” were unlawful because they did not take into account the possibility of the employer’s providing additional leave as a reasonable accommodation. Those employers have agreed to pay, literally, millions of dollars to settle those cases. But now, the U.S. Court of Appeals for the Tenth Circuit has not only rejected the idea that inflexible leave policies are inherently discriminatory, but has gone even further and has recognized that such policies “can serve to protect…the rights of the disabled” by ensuring fair and uniform treatment.
http://www.disabilityleavelaw.com/2014/06/articles/ada/inflexible-leave-policy-is-fair-lawful-and-protects-disabled-employees-says-tenth-circuit/
New Minnesota Medical Cannabis Law Protects Employees From Discrimination For Medical Marijuana Use
Minnesota’s new Medical Cannabis Act, signed into law on May 29, 2014, differs from many other state medical marijuana laws in that it narrows the kind of medical cannabis permitted. It also offers considerable protections to applicants and employees in the workplace.
http://www.drugtestlawadvisor.com/2014/06/03/new-minnesota-medical-cannabis-law-protects-employees-from-discrimination-for-medical-marijuana-use/
Yes, A Person Can be Criminally Prosecuted for Violating HIPAA
As reported by HealthcareInfoSecurity.com, a former hospital employee is facing criminal charges brought by federal prosecutors in Texas for alleged violations of the privacy and security requirements under the Health Insurance Portability and Accountability Act (HIPAA).
http://www.workplaceprivacyreport.com/2014/07/articles/hipaa/yes-a-person-can-be-criminally-prosecuted-for-violating-hipaa/
A Court Affirms Workers’ Compensation Determination Requiring Employer to Reimburse Employee for Costs of Medical Marijuana
A New Mexico intermediate appellate court has affirmed a workers’ compensation judge’s determination that an employer and its workers’ compensation carrier are required to reimburse an employee for costs associated with the purchase of medical marijuana.
http://www.drugtestlawadvisor.com/2014/05/23/court-affirms-workers-compensation-determination-requiring-employer-to-reimburse-employee-for-costs-of-medical-marijuana/
EEOC Letter Finds GINA and ADA Issues in Fit-For-Duty Medical Examination Form
A local government entity’s request for employee family medical history as part of an annual fitness-for-duty medical exam “clearly violates Title II of GINA,” according to an informal discussion letter from the EEOC Office of Legal Counsel.
http://www.disabilityleavelaw.com/2014/07/articles/ada/eeoc-letter-finds-gina-and-ada-issues-in-fit-for-duty-medical-examination-form/
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