News & Analysis as of

Drug & Alcohol Abuse Hiring & Firing

Mitratech Holdings, Inc

[Webinar] Next Gen Drug Screening: State of the Market and Where It’s Going - April 4th, 11:00 am CST

$81 billion... That's how much the National Council on Alcoholism and Drug Dependence (NCADD) estimates drug abuse costs employers every year. Avoid paying the price and dive into the cutting-edge of drug screening...more

Troutman Pepper

Water Cooler Talk: Office Drug Abuse Insights From 'Industry'

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The Max TV series “Industry” exaggerates —and occasionally glamorizes —illicit drug use in the workplace. However, in real life, employee substance use and addiction can raise significant issues. According to the Society for...more

DirectEmployers Association

DE Talk | Uncovering the Non-Traditional Workforce: Recruiting & Retaining Talent in Addiction Recovery

DE Talk | Uncovering the Non-Traditional Workforce: Recruiting & Retaining Talent in Addiction Recovery Season 5 • Episode 1 It’s estimated that between 22-28 million Americans live in recovery from substance abuse but...more

FordHarrison

The Opioid Epidemic and the Workplace

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Executive Summary: Addiction issues, especially the ongoing opioid epidemic, can significantly impact the workplace, and employers should ensure they have policies and procedures in place to address the potential impact of...more

McNees Wallace & Nurick LLC

Compliance Reminder: U.S. Department of Transportation Drug and Alcohol Clearinghouse For Commercial Drivers Takes Effect January...

Employers of drivers who hold commercial driver’s licenses (CDL) have been subject to U.S. Department of Transportation drug and alcohol testing requirements for over twenty-five years....more

Seyfarth Shaw LLP

Does it Violate Public Policy to Terminate a Drunk Employee? “Absolut”-ly Not

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Seyfarth Synopsis:  Does Pennsylvania’s public policy preclude a nuclear power plant from terminating an employee for being drunk on the job? “No,” the United States District Court for the Middle District of Pennsylvania...more

Robins Kaplan LLP

Financial Daily Dose 9.9.2019 | Top Story: Fed on Track to Cut Rates Again in September

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Friday remarks from Fed Chair Powell in Zurich confirmed the central bank’s dedication to keeping the US economic expansion on track and appear to have signaled the Fed’s plan to cut interest rates for a second time this...more

Bowditch & Dewey

Combating Opioid Abuse in the Workplace - A Proactive Approach For Employers

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The opioid crisis in America remains at epidemic proportions. A study from Boston Medical Center published last week estimates that 275,000 Massachusetts residents, or 4.6% percent of all adults and children older than age...more

Seyfarth Shaw LLP

EEOC Scrutinizes Employer Policies Regarding Prescription Drug Use

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The Equal Employment Opportunity Commission recently settled lawsuits with two employers it claims violated the Americans with Disabilities Act after rejecting a job applicant and terminating an employee based on their...more

Saul Ewing LLP

Wal-Mart Manager Terminated for Alleged Drug Abuse Files ADA Disability Bias Claim

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Last Monday, former Wal-Mart manager Kathryn Silva filed an ADA disability bias claim in the Middle District of Pennsylvania that alleged Wal-Mart terminated her because she refused to sign a “last chance agreement.” The...more

Bowditch & Dewey

Combating Opioid Abuse in the Workplace: A Proactive Approach For Employers

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Imagine your employee “Bob” has recently missed a lot work for unexplained reasons. Bob’s coworkers notice that he sometimes “nods off” while working, and his supervisor just reported to you that Bob became enraged while...more

Bradley Arant Boult Cummings LLP

Avoiding Diversion: New Tennessee Law Imposes Potential Obligations on Employers When Healthcare Providers Fail Drug Tests

Tennessee lawmakers are cracking down on nurses and other healthcare providers (HCPs) diverting medications for personal use. A law going into effect on July 1, 2017, (yes—next week) puts an obligation on employers of HCPs...more

Bennett Jones LLP

Supreme Court Upholds Termination for Breach of Drug and Alcohol Policy

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The Supreme Court of Canada’s decision in Stewart v. Elk Valley Coal Corp., 2017 SCC 30 is good news for employers. The Court upheld the prior decisions of the Alberta Court of Appeal and Alberta Human Rights Tribunal,...more

Blake, Cassels & Graydon LLP

Supreme Court of Canada Rules No Discrimination for Termination of Drug Addicted Employee

On June 15, 2017, the Supreme Court of Canada (SCC) released its decision in Stewart v. Elk Valley Coal Corp. (Stewart). Stewart is a welcome decision for employers looking to improve and enforce alcohol and drug policies in...more

Jackson Lewis P.C.

Casino Employee’s ADA Claims Dismissed Due To Current Drug Use

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A federal court in Nevada dismissed a casino employee’s American with Disabilities Act (“ADA”) claims — even though he had been treated for substance abuse in the past — because he admitted to current drug use which is not...more

Pierce Atwood LLP

Under the Dome: Inside the Maine State House

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Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. Maine Sees Higher Budget Surplus Than Expected - On June 30, 2016, Maine’s fiscal year ended...more

Littler

Protecting Alcoholics, Preventing Alcohol Misuse and Distinguishing Between the Two

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It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1  That said, courts have consistently held that employers can have legitimate work rules...more

Blake, Cassels & Graydon LLP

Legal Trends: Employment & Labour

In the past year, the media and governments across Canada have paid greater attention to workplace discrimination and harassment. In Ontario, for example, the government introduced Bill 132, Sexual Violence and Harassment...more

Constangy, Brooks, Smith & Prophete, LLP

Trojan Travails: Coach Sarkisian’s Alcoholism-Discrimination Lawsuit Against USC

Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California. Actually, I got one email from a reader, who had a better take on the...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Randstad for Disability Discrimination

Temporary Agency Refused to Hire Laborer Because She Was a Recovering Drug Addict in Medically Supervised Treatment Program, Federal Agency Charges - BALTIMORE - Baltimore-based temporary labor agency Randstad, US, LP,...more

Fisher Phillips

Drinking On The Job? Five Things Employers Need To Know In The Wake Of The USC Football Coach Controversy

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Football powerhouse USC (University of Southern California) fired its head football coach Steve Sarkisian on October 12, 2015, after it was widely reported that the coach had been under the influence of alcohol during several...more

Franczek P.C.

After He Allegedly Showed Up Drunk to Practice, Should Former USC Football Coach Steve Sarkisian Have Been Placed on FMLA Leave...

Franczek P.C. on

A question was posed to me on Twitter this past week: Shouldn’t former University of Southern California (USC) football coach Steve Sarkisian have been placed on FMLA leave to get treatment for apparent alcoholism instead of...more

FordHarrison

Alcoholism and how USC may have violated ADA by firing Steve Sarkisian

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On October 12, 2015, Steve Sarkisian was fired as head coach of the University of Southern California (USC) football team. While USC contends Sarkisian was fired for “cause,” there is no question that his alcohol-related...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Fisher Phillips

Ask Fisher & Phillips: Our Top 10 Questions From Dealers (Part Three)

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This edition of “Ask Fisher & Phillips” picks up where our last newsletter left off – here is the concluding segment of the “Top 10 Questions from Dealers” from the past year....more

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