Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more
4/10/2025
/ Alcohol Testing ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Drug & Alcohol Abuse ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
National Institute of Health (NIH) ,
Popular ,
Reasonable Accommodation ,
Substance Abuse
On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more
3/7/2024
/ Americans with Disabilities Act (ADA) ,
Controlled Substances Act ,
Disability Discrimination ,
Drug Testing ,
Employment Litigation ,
Employment Policies ,
Failure to Accommodate ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Popular ,
Termination
Rarely are we able to combine the Grateful Dead and Mississippi in the same sentence, but the band once said, what a long strange trip it’s been.
In November 2020, Mississippi voters overwhelmingly approved Initiative...more
On May 6, 2021, the Alabama legislature approved a medical marijuana legalization bill. Senate Bill (SB) 46, more commonly known as the Darren Wesley ‘Ato’ Hall Compassion Act, will now go to Governor Kay Ivey for final...more
The 2020 state legislative sessions are underway across the country and a hot topic in many states is medical marijuana. As discussed last year, Alabama was poised to become the first Deep South state to enact a medical...more
On March 20, 2019, House Bill 243 (HB243) was introduced in the Alabama House of Representatives. HB243, a bipartisan bill with extensive support from both the majority and minority leaders, would create the Compassion,...more
On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the...more
7/19/2017
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Essential Functions ,
Hiring & Firing ,
Interactive Process ,
MA Supreme Judicial Court ,
Medical Marijuana ,
Reasonable Accommodation ,
State Law Claims
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
8/17/2015
/ Alcohol Testing ,
Americans with Disabilities Act (ADA) ,
Conditional Job Offers ,
Drug & Alcohol Abuse ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Medical Examinations ,
Mental Illness ,
Popular ,
Screening Procedures