We previously reported a growing number of questions from employers involving employees who have tested positive for marijuana and who claimed the positive test resulted from their use of legal CBD products. Last week, the...more
Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program. Employers should review...more
On May 15, 2023, in response to the end of the COVID-19 Public Health Emergency Declaration, the EEOC updated its COVID-19 technical assistance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and...more
A federal court in Indiana dismissed the disability discrimination and retaliation claims of a DOT-regulated driver who failed a random drug test due to prescription opioid use, holding that he did not sufficiently adhere to...more
With the recent approval for emergency usage of the COVID-19 vaccine in the United States, employers may consider mandating or administering COVID-19 vaccinations when they become available for workplace safety reasons or...more
Q: I am concerned about employees coming to work with a fever—can I test employees’ temperatures before allowing them to work to avoid spreading the coronavirus? Verrill’s View: Maybe—but there are many factors to consider....more
On February 11, 2020, the Equal Employment Opportunity Commission (EEOC) filed a complaint in Connecticut federal court against Yale New Haven Hospital—the teaching hospital associated with Yale Medical School alleging that...more
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
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
According to the Americans with Disabilities Act, employers may only require employees to submit to medical exams or inquiries when there is a business necessity for determining the employee’s ability to perform the essential...more
According to the Centers for Disease Control and Prevention (CDC), approximately 40 percent of U.S. adults are obese. The CDC uses the Body Mass Index (BMI) as the benchmark for obesity. BMI is a calculation based on height,...more
The Americans with Disabilities Act sets forth the conditions under which employers can require medical examinations as a condition of hire. Last month, the Ninth Circuit Court of Appeals held that an employer violated the...more
Recently, the United States Court of Appeals for the Seventh Circuit in Painter v. Illinois Department of Transportation affirmed the district court’s grant of summary judgment to the employer in a lawsuit alleging a...more
The Americans with Disabilities Act (ADA) limits an employer’s ability to make disability-related inquiries or subject individuals to medical exams. No such inquiries or exams may be made until an offer of employment is made....more
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
On January 25, 2017, in Equal Employment Opportunity Commission v. Flambeau, Inc., the Seventh Circuit rejected an EEOC challenge to an employer wellness program. The circuit court had the opportunity to address whether an...more
On October 12, 2016, the U.S. Court of Appeals for the Eighth Circuit found in favor of a large transportation employer’s driver sleep study testing requirement in a lawsuit challenging the practice under the Americans with...more
Seyfarth Synopsis: After the EEOC brought an action under the Americans With Disabilities Act against an employer who implemented a wellness program requiring employees to take a health assessment to participate, the Court...more
Aberrant workplace behavior caused by stress or a psychological condition is not uncommon. However, such behavior can also cause employers to become anxious regarding how to lawfully deal with the disruption and its effect on...more
The Americans with Disabilities Act prohibits employers from refusing to hire qualified individuals with a disability on the basis of their condition, if they can perform the essential functions of the job with or without...more
In Morriss v. BNSF Railway Company, the Eighth Circuit recently held that obesity that is not caused by an underlying physiological condition is not a covered “impairment” for purposes of the Americans with Disabilities Act...more
The Americans with Disabilities Act only allows employers to conduct medical examinations of employees on the basis of business necessity. Last month in an unpublished decision, the Sixth Circuit Court of Appeals concluded...more
On January 25, 2016, the New Jersey Appellate Division clarified the requirements set forth by the Americans with Disabilities Act (ADA) and the related guidance issued by the U.S. Equal Employment Opportunity Commission...more
For the past couple of years, the U.S. Equal Employment Opportunity Commission (EEOC) has been challenging employer wellness programs for their alleged violations of the Americans with Disabilities Act (ADA). The most recent...more
As the world reels in the wake of last month’s shocking crash of Germanwings Flight 9525 in France, many are questioning what, if anything, the airline should—or could—have done to prevent the tragedy. These questions...more