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Hiring & Firing › Summary Judgment › Drug Testing

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... more +
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 -
Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

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Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

Jackson Lewis P.C.

Use of Opioid Medications By Applicant For Forklift Job Was Not Sufficient to Deny Employment Without Individualized Assessment

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A federal court in Ohio denied summary judgment to both parties where an employer refused to hire an applicant who used opioid medication as a forklift driver. The court held that there were disputed issues of fact as to...more

Fox Rothschild LLP

Federal Court Rules For Applicant In Medical Marijuana Employment Discrimination Case

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Over at In the Weeds, our Firm’s blog on the developments in cannabis law, my colleague Joseph McNelis shares a breaking development at the intersection of cannabis law and employment discrimination law. This legal...more

Fox Rothschild LLP

Connecticut Federal Court Grants Medical Marijuana User Summary Judgment On Employment Discrimination Claim

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A federal district court in the District of Connecticut recently granted summary judgment to a plaintiff who brought a claim against an employer that withdrew a job offer due to the plaintiff’s positive drug test for...more

Constangy, Brooks, Smith & Prophete, LLP

Federal Judge In Connecticut Confirms Medical Marijuana Protection

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The court found in favor of the plaintiff, holder of a medical marijuana card. Last week, a federal judge in Connecticut found in favor of a woman whose job offer was withdrawn after she tested positive for medical...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

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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

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