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Americans with Disabilities Act Drug Testing

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -

Mandatory Disclosure of Prescription Drug Use May Violate ADA

When an employee tests positive for illegal drug use or self-discloses such use, many employers condition return to work on the employee’s participation in a substance abuse treatment program. These programs can include drug...more

Medical Marijuana and the Workplace

by Akerman LLP - HR Defense on

With the growing list of states legalizing marijuana, are workplace drug policies up in smoke? As the new year begins, Arkansas, Florida and North Dakota join the growing list of states that have legalized medical marijuana....more

Employment Law 2016 Review

by Barley Snyder on

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

What Does Florida's New Medical Marijuana Law Mean for Employers?

by FordHarrison on

As employers in Florida prepare for the new year, many may wonder how Florida’s new medical marijuana law will impact them. In the November 2016 election, Florida as well as Arkansas, North Dakota and Montana all approved...more

Navigating Through the Smoke: The Intersection of Marijuana Legalization and Employment Law

by BakerHostetler on

Public approval for medical and recreational marijuana is at an all-time high. In November 2016, four states voted to legalize recreational marijuana: California, Nevada, Massachusetts and Maine (although, at the time of this...more

EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

by Littler on

Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each...more

Issues in Interviewing: The Right Way to the "One"

by Davis Brown Law Firm on

The candidate interview is one of the most vital components in the hiring process. Accordingly, it involves the most forethought and planning. As an employer, you will interview a whole host of applicants to find the...more

Employers Better Sober Up: The EEOC Is Targeting Prescription Drug Testing Policies

While prescription drug use and abuse pose serious concerns for the health and safety of workplaces, two recent cases filed by the U.S. Equal Employment Opportunity Commission (EEOC) suggest that employers need to be very...more

Update on the Employment Application Process and Background Checks

Now that Massachusetts has barred its employers’ from asking job applicants about salary information, and Connecticut has joined the “Ban the Box” trend (prohibiting employers from asking applicants about arrests and...more

Scottsdale Car Dealership Sued by EEOC for Disability Discrimination

Bell Lexus and The Berge Group Rescinded Job Offer Based on Woman's Lawful Prescription Drug Use, Federal Agency Charges - PHOENIX - A Scottsdale, Ariz., car dealership company violated federal law by rescinding a job...more

Medical Marijuana and an Employer’s Rights in DC, Maryland, and Virginia

by Conn Maciel Carey LLP on

The District of Columbia, Maryland, and Virginia have all taken steps toward legalizing marijuana in some form. However, these laws differ in many respects and raise some interesting questions for employers. Because medical...more

Covenant Transport Sued By EEOC For Disability Discrimination

Trucking Company Refused to Hire Applicant Because of His Disability, Federal Agency Charges - CHATTANOOGA, Tenn. -- Covenant Transport, Inc., a trucking company headquartered in Chattanooga, Tenn., violated federal law...more

“Up in Smoke – Are Employers Required to Accommodate Medical Marijuana Use?”

For reasons that are subject to debate, 4/20 has become known as a holiday for those who enjoy marijuana. However, over the course of many years, the face of “pot culture” has changed to include not only those lighting up...more

Don’t Get Smoked By Pennsylvania’s New Medical Marijuana Law

by Blank Rome LLP on

Action item: Governor Tom Wolf is expected to sign legislation on Sunday, April 17, that will legalize medical marijuana in Pennsylvania. The new law also prohibits discrimination against certified users of medical marijuana,...more

Illinois Medical Marijuana Law: What Employers Should Know

by Kelley Drye & Warren LLP on

Currently, 23 states have enacted laws to legalize medical marijuana. Medical marijuana laws are challenging for all employers, but particularly multistate employers, as employers must reconcile federal and varying state...more

Randstad Will Pay $50,000 to Settle EEOC Disability Discrimination Lawsuit

Temporary Agency Refused Job to Laborer Because She Was in a Medically Supervised Drug Rehabilitation Program, Federal Agency Charged - BALTIMORE - Baltimore-based temporary labor agency Randstad, US, LP, will pay...more

Recent Decision Provides Case Study on Managing Suspected Alcohol Impairment

by PretiFlaherty on

If an employer suspects that an employee may be coping with a substance abuse issue, such as alcoholism, what steps can it take to ensure that the employee is not coming to work impaired? A recent federal court case explored...more

Employment Law Letter - Fall 2015

by Shipman & Goodwin LLP on

Workplace Speech Protections Refined by Connecticut Supreme Court. We don’t generally report on developments that will likely be of more interest to lawyers than clients, but a recent decision from our state’s Supreme...more

Employers and medical marijuana: Are California's anti-drug policies up in smoke?

by Thompson Coburn LLP on

What’s an employer to do when faced with employees using marijuana in or out of the workplace? How should employers respond to employees who use or possess marijuana legally under California law? How does such use or...more

Xerox State Healthcare, LLC Sued By EEOC For Disability Discrimination

Healthcare Company Denied Urine-Based Drug Screening for Applicant with Renal Failure, Federal Agency Charged - CHARLOTTE, N.C. - Xerox State Healthcare, LLC ("Xerox Healthcare"), a healthcare company that offers...more

Alcoholism and the ADA: The DOs and DON’Ts of Alcohol Testing in the Workplace

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

Miners & Marijuana

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more

Colorado Allows Firing of Employee Who Used Medical Marijuana

by Cozen O'Connor on

As more states jump on the medical marijuana bandwagon, employers are faced with increasing questions about how these changes in the law affect drug testing policies. The conventional wisdom has been that medical marijuana...more

Coats v. Dish Network, LLC: The Colorado Supreme Court Provides Added Certainty Regarding a Colorado Employee’s Use of Medical...

by BakerHostetler on

On Monday, June 15, 2015, the Colorado Supreme Court, in a long-awaited decision in the Coats v. Dish Network, LLC, case, confirmed what actions employers may take against employees in Colorado who use medical marijuana...more

Even in Colorado, you can be fired for off-duty drug use

Remember this one about the employee fired for legal drug use? How about this one? It seems that we have been talking more about the impact of legal marijuana use on employment since 2012, when voters in Colorado and...more

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