On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had...more
A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more
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
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