Catherine Cano

Jackson Lewis P.C.

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Is COVID-19 a Disability? EEOC Provides Updated Guidance

On December 14, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) added a new section, COVID-19 and the Definition of “Disability” Under the ADA/Rehabilitation Act, to its COVID-19 guidance. The updated guidance...more

12/15/2021 / Americans with Disabilities Act (ADA) , Centers for Disease Control and Prevention (CDC) , Coronavirus/COVID-19 , Corporate Counsel , Disability , Equal Employment Opportunity Commission (EEOC) , New Guidance , Reasonable Accommodation

Pennsylvania Appellate Court Affirms State Medical Marijuana Law Provides Private Right Of Action

The Pennsylvania Superior Court has found, as a matter of first impression, that medical marijuana users may maintain a private action under the Pennsylvania Medical Marijuana Act (MMA), including a wrongful discharge action....more

8/16/2021 / Appellate Courts , Corporate Counsel , Discrimination , Employer Liability Issues , Medical Marijuana , Private Right of Action , Wrongful Termination

Pennsylvania Medical Marijuana User May Proceed With Disability Discrimination And Retaliation Claims

A federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss. Hudnell v. Jefferson University...more

1/19/2021 / Corporate Counsel , Disability Discrimination , Drug Testing , Failure to Accommodate , Human Rights Act , Medical Marijuana , Retaliation

Oklahoma Voters Pass Broad Medical Marijuana Law With Anti-Discrimination Provisions

Oklahoma became the 30th state to pass a medical marijuana law after voters approved it on June 26, 2018. The law gives broad discretion to physicians in prescribing medical marijuana, which should make it fairly easy to...more

6/28/2018 / Anti-Discrimination Policies , Corporate Counsel , Department of Health and Human Services (HHS) , Employer Liability Issues , Marijuana , Medical Marijuana , Physicians , State and Local Government

Employee’s Failure To Engage In Interactive Process To Address His Use Of Opioids Dooms His ADA Claims

An employee who refused to stop using morphine and would not engage in the interactive process with his employer could not survive summary judgment on his disability discrimination and retaliation claims under the Americans...more

3/5/2018 / Americans with Disabilities Act (ADA) , Corporate Counsel , Disability Discrimination , Drug Testing , Employment Litigation , Opioid , Prescription Drugs

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