Discrimination, Hiring & Firing, Drug Testing

Third Circuit Rules That Employees Cannot Sue Employers for Discrimination Based on Marijuana Use

Saul Ewing LLP on 12/20/2024

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit held that New Jersey’s Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (“CREAMMA”) does not provide workers with a private...more

Third Circuit Affirms That New Jersey’s Cannabis Law Does Not Allow a Private Right of Action

Littler on 12/20/2024

On December 9, 2024, the U.S. Court of Appeals for the Third Circuit upheld the New Jersey district court’s previous ruling that there is no private right of action under New Jersey’s Cannabis Regulatory, Enforcement...more

Littler Lightbulb: September Appellate Roundup

Littler on 10/11/2024

This Littler Lightbulb highlights some of the more significant employment law developments in federal courts of appeal in the last month. Fourth Circuit Rejects ADA Claim of Employee Who Tested Positive for Illegal Drugs...more

2022, Who Were You? A Recap of Hot Issues in 2022.

Bradley Arant Boult Cummings LLP on 1/4/2023

As we barrel into 2023, it is worth a look back at last year. Employment law issues in 2022 were diverse, ranging from federal COVID-19 vaccine mandates (yes, that was last year) to state laws on CBD and diversity and...more

New York Passes Employment Protections For Recreational Cannabis Use

Cole Schotz on 4/5/2021

On March 31, 2021, Governor Andrew Cuomo signed the Cannabis/Marijuana Regulation and Taxation Act (the “Act”), which legalizes recreational cannabis use for adults aged 21 and over. The Act provides the framework for the...more

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger LLP on 6/22/2018

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Medical Marijuana Users Can Sue Their Employers

Harris Beach Murtha PLLC on 8/16/2017

In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tested positive for medical marijuana use. See Noffsinger v. SSC...more

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

Ballard Spahr LLP on 7/24/2017

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use

Seyfarth Shaw LLP on 7/19/2017

Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

Littler on 6/15/2017

In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment...more

Scottsdale Car Dealership to Pay $45,000 To Settle Disability Discrimination Lawsuit

U.S. Equal Employment Opportunity Commission... on 6/8/2017

Bell Lexus and The Berge Group Refused to Hire Woman Because of a Prescription Drug She Took for Her Disability, Federal Agency Charged - PHOENIX - Two Scottsdale, Ariz., companies will pay $45,000 and furnish other relief...more

Seventh Circuit Blazes Truck Driver’s Failure to Hire Claims

Seyfarth Shaw LLP on 5/18/2017

Synopsis: The Seventh Circuit affirmed a summary judgment decision in favor of the employer on the plaintiff’s race discrimination and civil conspiracy claims where the employer did not hire the plaintiff after the plaintiff...more

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

Goulston & Storrs PC on 5/3/2017

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

WPI State of the States — Legislative Proposals Are Taking Root

Littler on 5/2/2017

As April showers turn into May flowers, measures proposed earlier this year in the state legislatures begin to take root. Significantly fewer generally applicable labor and employment bills were introduced in April, around 60...more

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/19/2016

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

U.S. Steel Subsidiary Sued By EEOC for Religious Discrimination and Retaliation

U.S. Equal Employment Opportunity Commission... on 9/29/2014

Manufacturing Company Revoked Job Offer and Refused to Accommodate Applicant Whose Religious Beliefs Prohibited Hair from Being Cut From His Scalp, Agency Says - HOUSTON -- U.S. Steel Tubular Products, Inc., a...more

Fort Worth Center of Rehabilitation Sued by EEOC for Disability Discrimination

U.S. Equal Employment Opportunity Commission... on 5/8/2013

Health Care Facility Refused to Allow Alternate Form of Drug Testing as a Reasonable Accommodation for Applicant with Renal Failure, Agency Charged - DALLAS - The Fort Worth Center of Rehabilitation violated federal...more

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