November

"The British Medical Association (BMA) has updated its guidance on alcohol and drugs workplace policies. The new guidance now includes a section which reinforces the message that health professionals have a responsibility to challenge negative stereotypes and help employers understand that people who have a history of alcohol problems and have successfully taken part in a treatment programme can still be successfully employed. One of the issues covered in the new chapter includes the use of ""abstinence periods"" and recommends that instead of ""abstinence periods ' the best guide is receiving and completing a course of treatment, followed by training and then voluntary work or support to find work. The updated guide also offers advice on the application of post-offer health assessments."

The U.S. Court of Appeals for the District of Columbia recently ruled that the structure of the Consumer Financial Protection Bureau is unconstitutional and should operate as other executive agencies, such as the Department of Justice and the Department of Treasury, and will be held accountable by the President. The ruling is the result of a case in which PHH Corporation sought to vacate a CFPB enforcement action that carried a large penalty, arguing that the CFPB's status as an independent agency headed by a single Director violated Article II of the Constitution.

The use of Big Data to make hiring and other employment decisions will continue to grow in its use and scope. At a recent meeting, however, Commissioner Victoria A. Lipnic stressed the importance of how laws may affect the technology-driven workplace. A professor at Stanford Graduate School believes in the benefits of Big Data, but said it is imperative to consider safeguards, demographic and sensitive health or genetic information that could pose risks against antidiscrimination acts.