Dive Brief:
- When it comes to being compliant with workplace regulations, employers must know a lot about their workforce – but at what point are employers asking too much?
- That's the nagging question posed by the National Law Review, focusing on issues including employee accommodations due to religious, disability, or family leave reasons.
- Frankly, the Review reports, directly asking employees might break specific employment laws. So before HR does anything, consulting with employment counsel would be a good idea.
Dive Insight:
One example: An employer could legitimately need to know if a worker is using medication that will affect his job performance. Yet, the Americans with Disabilities Act (“ADA”) could be a roadblock because it forbids employers from making inquiries as to whether an employee has a disability "unless the inquiry is shown to be both job-related and consistent with business necessity."
The article notes that employment law today is a moving target, so employers facing related decisions need to check in with legal counsel, a potentially money-saving move that could also help dodge complex employment discrimination litigation.
It's a tough balancing act, the article explains, as employers often "walk a fine line" between their due diligence in accommodating employee requirements but avoiding potentially private issues unrelated to business necessities.