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
Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more
Sober up, folks! Here we go. With the legalization of marijuana and cannabis products in so many states, dealing with substance abuse in the workplace has become ridiculously complicated. This is the first of a two-part...more
Test your knowledge! How much do you know about alcohol use and abuse in the workplace? Take our quiz and find out! Sure, everyone is giving all the attention to marijuana these days, but the laws surrounding alcohol are, if...more
A federal court in New York dismissed a disability discrimination claim asserted under the Americans with Disabilities Act (ADA) based on allegedly “excessive” drug and alcohol testing of employees after they failed drug or...more
What better way to start the Labor Day weekend than with a drug test? Er, I meant a quiz about drug testing. Assume that the following are all situations in which drug testing is not legally mandated by some federal law,...more
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
Here is a common workplace scenario: An employee tests positive for use of alcohol following a random screening. As a condition of continuing employment, the employee consults with the company’s EAP, which informs the...more
The Third Circuit Court of Appeals recently issued a decision holding that an employer's termination of an employee for violating a very broad and restrictive return to work agreement (RWA), which prohibited the employee from...more
A federal judge in Pennsylvania has dismissed an Equal Employment Opportunity Commission challenge to U.S. Steel Corporation's random alcohol testing of probationary employees at one of the company's most safety sensitive...more