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Employer Liability Issues › Drug Testing › Medical Examinations

Jackson Lewis P.C.

Request For Medical Examination Was Permissible Under ADA After Positive Drug Test Result

Jackson Lewis P.C. on

A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous...more

Seyfarth Shaw LLP

Court Upholds Termination Of Employee Who Claimed Failed Drug Test Was Due to Over-the-Counter Medications

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Tenth Circuit Court of Appeals recently affirmed summary judgment in favor of an employer that terminated an employee after he tested positive for methamphetamines, even though he claimed that his drug...more

Jackson Lewis P.C.

Federal Appeals Court Holds Test For Illegal Drugs Is Not An Impermissible Medical Examination, Even If Test May Reveal Lawful...

Jackson Lewis P.C. on

A federal appeals court upheld the termination of an employee who tested positive for amphetamines on a random drug test – despite his claim that the result was due to over-the-counter drug use – and rejected his arguments...more

Constangy, Brooks, Smith & Prophete, LLP

Medical Inquiries And The ADA

Constangy, Brooks, Smith & Prophete, LLP on

Here are seven things that every employer should know. The Americans with Disabilities Act has been law since 1992, and the rules regarding medical inquiries for applicants and employees have not changed much since that...more

Baker Donelson

Medical Marijuana Use and the ADA – A New Intersect

Baker Donelson on

On behalf of your company, you hire a new employee. As part of the hiring process, the new employee must complete a satisfactory physical examination, including passing a drug test. During the physical exam, the new employee...more

Parker Poe Adams & Bernstein LLP

Sixth Circuit Says Manufacturer's Testing for Legally Prescribed Drugs May Not be Prohibited ADA Medical Exam

Parker Poe Adams & Bernstein LLP on

Americans’ use of prescription painkillers, anti-anxiety medications and other drugs with psychotropic effects has exploded over the past decade. Many of these medications include warnings for persons who take them with...more

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