News & Analysis as of September 19, 2024

Zero Tolerance Policies

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Do Zero Tolerance Policies Make Zero Sense?

Fisher Phillips on 7/23/2018

When one hears about a workplace shooting, it’s easy to demand a “Zero Tolerance” rule against workplace violence. It’s understandable that after the staggering and even criminal revelations of the #METOO Movement that...more

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

Littler on 7/20/2017

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...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

Employer Is Liable under the WLAD for Refusing to Hire a Truck Driver for Taking a Prescribed Narcotic

Dorsey & Whitney LLP on 9/3/2015

Just when is an employer required to hire those taking prescription pain medications? In Clipse v. Commercial Driver Services, Inc., the Washington Court of Appeals held that Commercial Driver Services, Inc. was liable under...more

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