We would all be excused for wanting 2020 to disappear in a fog of medical marijuana. Here is a recap:
As we predicted in 2019, most of this year’s action concerned medical and recreational marijuana. Not to be missed,...more
12/28/2020
/ Americans with Disabilities Act (ADA) ,
Cannabidiol (CBD) oil ,
Coronavirus/COVID-19 ,
Decriminalization of Marijuana ,
Department of Transportation (DOT) ,
Drug Testing ,
Equal Employment Opportunity Commission (EEOC) ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Recreational Use ,
Transportation Industry
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
In a recently issued trial court decision, Callaghan v. Darlington Fabrics Corp., a Rhode Island Superior Court justice held that an employer could not deny employment to an applicant licensed under state law to possess and...more
On February 6, 2017, the Tenth Circuit Court of Appeals ruled that Wyandotte County, Kansas, did not violate the U.S. Constitution by discharging an employee in a safety-sensitive position after he tested positive for cocaine...more
While prescription drug use and abuse pose serious concerns for the health and safety of workplaces, two recent cases filed by the U.S. Equal Employment Opportunity Commission (EEOC) suggest that employers need to be very...more
On August 27, 2015, a three-member panel of the National Labor Relations Board (NLRB) issued Manhattan Beer Distributors, LLC and Joe Garcia Diaz, (29-CA-115694) finding that an employer had unlawfully denied an employee his...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
8/17/2015
/ Alcohol Testing ,
Americans with Disabilities Act (ADA) ,
Conditional Job Offers ,
Drug & Alcohol Abuse ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Medical Examinations ,
Mental Illness ,
Popular ,
Screening Procedures
On May 22, 2015, in an unpublished decision, Judge Andrew W. Roraback of the Connecticut Superior Court (Waterbury Judicial District) found that Connecticut’s statutory restrictions on urine-based drug testing did not apply...more