[ad_1]
Johnny C. Taylor Jr. answers your human resources questions in this USA TODAY series. Taylor is president and CEO of the Society for Human Resource Management, the world’s largest human resources professional association, and the author of “Reset: A Leader’s Guide to Working in Turbulent Times.”
there is a question? Submit here.
Question: My co-worker invited me to a college basketball tournament with about 10 other people. Should I worry about gambling at work? – Mimi
A: In most cases, it is wise to gamble in the workplace, including participating in sports games in the office pool. While this may seem like harmless fun, there are legal and ethical considerations to keep in mind.
Legal considerations: Federal and state laws regulate gambling activities, including sports betting and office pari-mutuel betting. Some federal laws, such as the Professional and Amateur Sports Protection Act of 1992 and the Unlawful Internet Gambling Enforcement Act of 2006, prohibit certain forms of sports betting and online gambling. While some states allow sports betting to varying degrees, others strictly prohibit it.
Employee Relations: Employers must assess their risk tolerance for illegal activity in the workplace and consider the potential impact on employee morale and productivity. Allowing gambling at work can lead to distractions and disputes, especially during major sporting events such as college basketball tournaments.
Mitigation strategies: To balance employee engagement with legal and ethical considerations, employers can consider other approaches:
◾ Create a company-sanctioned free pool to turn the event into friendly competition rather than gambling. Prizes may include non-monetary incentives such as gift cards or extra vacation time.
∎ Designate specific areas within the workplace for employees to watch games and ensure those who are not interested in sports have a quiet space.
◾ Strengthen the company’s anti-harassment policy and emphasize respect for diverse viewpoints and religious beliefs. Employees should not feel pressured to engage in gambling activities if they feel uncomfortable.
∎ Encourage civil dialogue among employees, especially discussions related to sports. Respectful communication creates a positive work environment and minimizes potential conflicts.
By proactively addressing the legal and ethical implications of workplace gambling, employers can promote a culture of compliance, respect and inclusion while still allowing employees to enjoy camaraderie and shared interests.
Censorship is unfair? Here’s how to respond to your boss.Ask Human Resources
My wife requested an ADA accommodation at her new job that requires our personal medical records. I’m concerned about the message circulating throughout management. What are the rules for handling someone’s medical information? –plum
I understand your sensitivity about protecting your wife’s personal information. However, her employer required access to her medical information in order to meet her Americans with Disabilities Act requirements. They are responsible for using this information to assess her needs and comply fully with federal laws and guidelines. It is critical for employers to treat this information with the utmost confidentiality and share it only on a need-to-know basis for convenience purposes.
If you have concerns about how her medical information is handled or shared, you must contact her employer directly to ensure compliance with the ADA and other relevant regulations. Under federal employment laws such as the ADA and the Health Insurance Portability and Accountability Act, handling someone’s medical information requires strict confidentiality. Let’s break down the key points of the medical information processing rules:
1. Americans with Disabilities Act:
∎ Employers must maintain the confidentiality of medical information obtained from medical inquiries or examinations, including information from voluntary health or wellness programs.
Medical information may be shared with supervisors and managers if necessary to provide reasonable accommodations or accommodate the employee’s work restrictions.
∎ Access to medical records must be restricted to designated officials and must be kept separate from the employee’s general personnel file.
2. Health Insurance Portability and Accountability Act:
∎ HIPAA requires employers to keep confidential employee medical information derived directly from group health plans.
◾ Information obtained through the insurance company or plan administrator’s claim summary report complies with HIPAA regulations.
Other medical records obtained through the employer role, such as sick notes or workers’ compensation records, are not protected by HIPAA but are protected by the ADA.
3. State Laws:
Many states have confidentiality rules for employee medical information, and these rules may be more restrictive than federal law.
∎ Employers should understand and comply with specific state regulations regarding the handling of medical information.
In summary, employers are required by law to keep employees’ medical information confidential, regardless of whether it complies with ADA or HIPAA regulations. This confidentiality also applies to personal medical records obtained during the accommodation process. If you have questions about the handling or dissemination of medical information, your wife should contact human resources or consult with legal counsel to ensure compliance with applicable laws and regulations.
Career stalled? How to get out of a workplace rut.Ask Human Resources
[ad_2]
Source link
