In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more
4/6/2022
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Disability ,
Disability Discrimination ,
Drug Testing ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
State and Local Government ,
Summary Judgment ,
Termination
We are all familiar with the phrase “No good deed goes unpunished.” That apparently is the theme of an Eighth Circuit opinion reviewing an employee’s suit alleging that she was improperly denied an accommodation under the...more
In a battle between a mentally ill employee seeking accommodation for his job at a nuclear plant and federal nuclear safety codes—-which wins out? The Third Circuit Court of Appeals ended up going with safety codes....more
The 7th Circuit, in a short opinion issued April 6, zapped a plaintiff’s claim that he was terminated in violation of the ADA based on his condition of being overexposed to electromagnetic voltage at his job. Mr. Hirmiz, a...more
Can fear of an aspect of your job constitute a disability under the ADA? Depends on how essential the function is. In Stevens v. Rite Aid Corp, the Second Circuit Court of Appeals looked at the case of a Rite Aid pharmacist,...more
3/24/2017
/ Americans with Disabilities Act (ADA) ,
Disability ,
Disability Discrimination ,
Employment Litigation ,
Essential Functions ,
Hiring & Firing ,
Pharmacies ,
Pharmacist ,
Reasonable Accommodation ,
Retaliation ,
Rite Aid ,
Wrongful Termination
The EEOC recently announced that it is suing FedEx Ground Package System for allegedly violating the Americans With Disabilities Act in their dealings with deaf and hearing-impaired workers nationwide. The suit claims that...more