Privacy & Employee Drug Testing
- December 6th, 2012
- Tom Richard
- No comments
This is the third and final in a series of posts regarding medical privacy issues in the workplace. This post concerns drug testing. An employer with a compelling business interest and a written policy prohibiting drug use or being under…
Using Fitness For Duty Exams
- November 26th, 2012
- Tom Richard
- No comments
This is the second in a series of posts regarding medical privacy issues in the workplace. This post concerns the handling of fitness-for-duty exams. Fitness-for-Duty exams are allowed notwithstanding constitutional, statutory and common law privacy protections, so long as they…
Handling Employee Medical Records
- October 12th, 2012
- Tom Richard
- No comments
This is the first in a series of posts regarding medical privacy issues in the workplace. This first post concerns the handling of medical documents. Both the ADA and FMLA dictate that any information related to an employee or job…
The Scope of Discovery in Psyche Claims is Broad
- July 2nd, 2010
- Tom Richard
- No comments
When an applicant raises psyche as an issue the defendant is entitled to ask all reasonable questions regarding the applicant’s history that might lead to the discovery of relevant evidence. Eutsey v. City and County of San Francisco. A WCAB panel noted…