Ask HR: Office Gambling and Protocols for Safeguarding Medical Info

SHRM President and Chief Executive Officer Johnny C. Taylor, Jr., SHRM-SCP, answers HR questions each week for USA Today.

Do you have an HR or work-related question you’d like him to answer? Submit it here.

My co-worker invited me to join a college basketball tournament pool with about 10 others. Should I be concerned about betting at work? —Mimi

Johnny C. Taylor, Jr., SHRM-SCP: In most cases, it’s wise to exercise caution when it comes to betting at work, including participating in office pools for sports tournaments. While it 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 pools. Several federal laws, such as the Professional and Amateur Sports Protection Act of 1992 and the Unlawful Internet Gambling Enforcement Act of 2006, outlaw certain forms of sports betting and online gambling. Some states permit sports betting to varying degrees, but others maintain strict prohibitions.

Employee relations: Employers must assess their risk tolerance regarding unlawful activities in the workplace and consider the potential impact on employee morale and productivity. Allowing gambling activities at work may lead to distractions and disputes, particularly during major sporting events such as college basketball tournaments.

To balance employee engagement with legal and ethical considerations, employers can consider alternative approaches:

• Establish company-sanctioned pools with no entry fees, transforming the activity into a friendly competition rather than gambling. Prizes can include nonmonetary rewards such as gift cards or extra vacation days.
• Designate specific areas within the workplace for employees to watch games, ensuring that those uninterested in sports have quiet spaces available.
• Reinforce the company’s anti-harassment policy, emphasizing respect for diverse viewpoints and religious beliefs. Employees should not feel pressured to participate in betting activities if they’re uncomfortable.
• Encourage civil discourse among employees, especially regarding sports-related discussions. Respectful communication fosters a positive work environment and minimizes potential conflicts.

By proactively addressing the legal and ethical implications of workplace betting, employers can promote a culture of compliance, respect and inclusivity while still allowing employees to enjoy camaraderie and shared interests.

My wife applied for an ADA [Americans with Disabilities Act] accommodation at her new job, which asks us to supply personal medical records. I am concerned about that information circulating throughout management. What are the rules for handling someone’s medical information? —Lee

Johnny C. Taylor, Jr., SHRM-SCP: I understand your sensitivity to protecting your wife’s personal information. However, to accommodate her ADA request, her employer requires access to her medical information. They are responsible for using that information to evaluate her needs and fully comply with federal laws and guidelines. It’s crucial for employers to handle this information with the utmost confidentiality and only share it on a need-to-know basis for accommodation purposes.

If you have concerns about how her medical information is being handled or shared, it’s essential to address them directly with her employer to ensure compliance with the ADA and other relevant regulations. Under federal employment laws like the ADA and the Health Insurance Portability and Accountability Act (HIPAA), handling someone’s medical information requires strict confidentiality. Let’s break down the key points regarding the rules for handling medical information:

1. ADA:

• Employers must maintain the confidentiality of medical information obtained from a medical inquiry or examination, including information from voluntary health or wellness programs.
• Medical information can be shared with supervisors and managers if needed to provide a reasonable accommodation or to meet an employee’s work restrictions.
• Access to medical records must be restricted to designated officials, and these records must be kept separately from an employee’s general personnel file.

2. HIPAA:

• HIPAA requires employers to maintain the confidentiality of employee medical information derived directly from the group health plan.
• Information obtained through summary claims reports from the insurance carrier or plan administrator falls under HIPAA regulations.
• Other medical records obtained through the employer’s role, such as sick leave notes or workers’ compensation records, are not covered under HIPAA but are protected under the ADA.

3. State laws:

• Many states have their own confidentiality rules for employee medical information, which may be more restrictive than federal laws.
• Employers should be aware of and comply with state-specific regulations regarding the handling of medical information.

In summary, employers are legally required to keep employee medical information confidential, regardless of whether it falls under ADA or HIPAA regulations. This confidentiality extends to personal medical records obtained during the accommodation process. If there are concerns about the handling or dissemination of medical information, your wife should reach out to the HR department or consult legal counsel to ensure compliance with the applicable laws and regulations.