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Workplace Accommodation after COVID: Legal Update
DE Talk | Uncovering the Non-Traditional Workforce: Recruiting & Retaining Talent in Addiction Recovery
The Chartwell Chronicles: Employment Law
DE Under 3: Diving into DEAMcon23 – Accommodations, DEIB, Disability & More
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Employment Law Now VI-121 - Top 5 Fall Things You Need To Know
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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
Federally legal CBD products may, under some circumstances, cause consumers to fail drug tests. An employer’s right to terminate employee-consumers on that basis is not prohibited by federal law, including the Americans with...more
Paper Company Applicant Denied Job Because of ADHD Medication, Federal Agency Charged - DALLAS – Memphis-based International Paper Co. will pay $65,000 and furnish other relief to settle a disability discrimination lawsuit...more
Senior Living Residence Revoked Applicant’s Job Offer After Her Legally-Prescribed Medications Prevented Her From Passing a Required Drug Test - St. Petersburg, Fla. – The Princess Martha, an upscale senior living...more
Manufacturers that conduct workplace drug and alcohol testing must be careful when addressing drug test results and employee disclosures of prescription medication use, especially as drug use has surged across the country...more
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
A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous...more
It is no secret that America is in the midst of an opioid addiction crisis. It has been for quite awhile. A recent study revealed that in 2018 there were 128 deaths from opioid overdose per day in United States. A startling...more
On August 5, 2020, the Equal Employment Opportunity Commission (EEOC) issued two new guidance documents addressing the opioid epidemic and its impact on the workplace. The first guidance, “Use of Codeine, Oxycodone, and Other...more
The Equal Employment Opportunity Commission issued two sets of guidance last week, one to employees and one to health care providers, addressing various issues under the Americans with Disabilities Act relating to reasonable...more
The EEOC recently issued new guidance regarding employees who legally use, or have previously used, opioids. The guides provide important clarification for employees and healthcare providers regarding the interplay between...more
The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on opioid-related disability issues and reasonable accommodation. The first document (Guidance) employs a question and answer...more
The Equal Employment Opportunity Commission recently released two new technical assistance documents that address issues concerning the employment provisions of the Americans with Disabilities Act in relation to the use of...more
An easy-to-read guide that works for all employees using legal meds.* The Equal Employment Opportunity Commission recently issued new guidance documents on the rights of employees who are legally using opioids, and for their...more
The Equal Employment Opportunity Commission (“EEOC”) has released new informal guidance directed at employees regarding use of opioids and employer obligations under the Americans with Disabilities Act (“ADA”). The EEOC also...more
A cautionary tale. In a decision issued this week, a federal judge in Greensboro, North Carolina, ruled that an employer's policy requiring employees to disclose their legal prescription medications may have violated the...more
An Oklahoma refinery employee who was terminated after testing positive for amphetamines tried to get his job back by claiming that over-the-counter medication led to a false test result. He also argued the employer’s testing...more
A police officer who disclosed his Adderall prescription to his supervisor was unable to state a claim for discrimination based on an actual or perceived disability under the Americans with Disabilities Act or Pennsylvania...more
Addressing the opioid epidemic challenges employers due to the many overlapping laws and its many varied facets. One survey reported that 70% of employers have felt some impact from drug abuse, such as absenteeism, use of...more
Painting Company Fired Worker Because It Regarded Him as Having a Disability Due to His Drug Treatment, Federal Agency Says - HOUSTON - Steel Painters, LLC, a Beaumont, Texas-based painting company, unlawfully fired a...more
In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug...more
An employee who refused to stop using morphine and would not engage in the interactive process with his employer could not survive summary judgment on his disability discrimination and retaliation claims under the Americans...more
The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more
Urine testing—not one of the more popular work activities. However, drug tests are part of safety programs throughout the country. Two recent events—one a court decision and one a potential legislative event—give me the...more