On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more
3/7/2024
/ Americans with Disabilities Act (ADA) ,
Controlled Substances Act ,
Disability Discrimination ,
Drug Testing ,
Employment Litigation ,
Employment Policies ,
Failure to Accommodate ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Popular ,
Termination
On November 7, 2023, Ohio voters made Ohio the twenty-fourth state in the United States to legalize the recreational possession and use of marijuana. Ohio Revised Code (R.C.) Section 3780, which is subject to amendment by the...more
11/10/2023
/ Decriminalization of Marijuana ,
Department of Transportation (DOT) ,
Drug Testing ,
Drug-Free Workplace Act ,
Election Results ,
Employment Policies ,
Federal Aviation Administration (FAA) ,
Marijuana ,
OSHA ,
Recreational Use ,
State and Local Government ,
State Elections
California employers may soon be barred from discharging employees or refusing to hire individuals based on their off-duty use of marijuana, under a new bill headed to the governor’s desk. On August 30, 2022, the...more
9/7/2022
/ Corporate Counsel ,
Drug Testing ,
Employee Rights ,
Employment Policies ,
FEHA ,
Governor Newsom ,
Marijuana ,
Off-Duty Employees ,
Pending Legislation ,
Recreational Use ,
Screening Procedures
On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the...more
7/19/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Hiring & Firing ,
Interactive Process ,
MA Supreme Judicial Court ,
Medical Marijuana ,
Reasonable Accommodation ,
State Law Claims
On January 18, 2010, the New Jersey Compassionate Use Medical Marijuana Act (NJCUMMA) was signed into law. While the NJCUMMA explicitly states that it does not require employers to accommodate a qualified patient’s use of...more
My unabashed love affair with the state of Vermont has been around for quite a while. Maple syrup, Phish, innovative ice cream, beautiful scenery, and a statewide ban on interstate billboards—what’s not to love? ...more
The Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental...more
8/17/2015
/ Alcohol Testing ,
Americans with Disabilities Act (ADA) ,
Conditional Job Offers ,
Drug & Alcohol Abuse ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Medical Examinations ,
Mental Illness ,
Popular ,
Screening Procedures