News & Analysis as of November 17, 2024

Reasonable Accommodation

+ Follow

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers. less -

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Constangy, Brooks, Smith & Prophete, LLP on 9/6/2024

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

Where States Stand on Medical Marijuana in the Workplace

Miles & Stockbridge P.C. on 3/18/2024

A federal judge in Vermont last month ruled a plaintiff’s medical marijuana use was not protected by the Americans with Disabilities Act. In Skoric v. Marble Valley Regional Transit District et al., the plaintiff was fired by...more

Accommodating cannabis: A "how-to" for employers

Constangy, Brooks, Smith & Prophete, LLP on 2/9/2024

These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more

3 Questions Employers Need To Consider When It Comes To Marijuana In The Workplace

Haynsworth Sinkler Boyd, P.A. on 6/30/2021

Haynsworth Sinkler Boyd’s Chris Gantt Sorenson and Perry MacLennan recently discussed “Marijuana in the Workplace: To Test or Not to Test” on the Survive HR podcast. In the podcast, Chris, Perry, Kelly Schieb and Steve Nail...more

Employee Disability and Cannabis Oil Protections Set to Take Effect in Virginia

Proskauer - Law and the Workplace on 6/24/2021

Quick Hit: Two new laws in Virginia providing disability discrimination protections and protections for medicinal use of cannabis oil for employees go into effect July 1, 2021. Key Takeaway: Virginia, once known as a...more

Edible Bites Episode 5: Weed at Work: Employment Law Trends

McGuireWoods LLP on 4/13/2021

In episode five of McGuireWoods’ Edible Bites video series, topics of discussion center on employment law trends, how different state laws for medical and recreational cannabis impact employees, and how organizations should...more

[Webinar Recording] It's Almost 4:20 in Virginia: What Employers Need to Know About Marijuana Laws

Woods Rogers on 3/11/2021

Presentation by Vandeventer Black attorneys: Jonathan V. Gallo and Anne G. Bibeau. Contact information: Jonathan V. Gallo - jgallo@vanblacklaw.com Anne G. Bibeau- abibeau@vanblacklaw.com This video is for general...more

[Webinar] It’s Almost 4:20 in Virginia: What Employers Need to Know About Marijuana Laws - March 11th, 12:00 pm - 1:00 pm EST

Woods Rogers on 2/24/2021

This session will discuss the current state of the law in Virginia regarding marijuana, anticipated changes, and how employers should address marijuana issues, including ADA accommodation, at work. - Virginia Law - New...more

Managing Medical Marijuana at Workplace Amid Evolving State and Local Law

ArentFox Schiff on 12/1/2020

Since California first legalized medical marijuana in 1996, approximately thirty-two other states and the District of Columbia have followed its lead and approved marijuana use for medical purposes. Introduction [1] - ...more

Utah State Legislature Clarifies: Private Employers Not Required to Accommodate Use of Medical Cannabis; Public Employers Held to...

Littler on 3/12/2020

Utah’s medical cannabis program officially launched this month, and the Utah State Legislature timely enacted Senate Bill 121, which amends and clarifies various provisions of Utah’s medical cannabis laws, including a...more

Drugs & Partying: What Contractors Need to Know About Medical Marijuana and Office Parties

Cohen Seglias Pallas Greenhall & Furman PC on 12/9/2019

In this webinar, Jonathan Landesman and Anthony Bottenfield discuss two timely topics that construction-industry employers must be aware of and provide practical tips for employers for closing out the year without conflict. ...more

Legal Pot = Manufacturing Storm Clouds (the Refrain)

Robinson+Cole Manufacturing Law Blog on 11/1/2019

A few months back, I posted some thoughts about recent efforts to legalize medical and recreational marijuana, with an emphasis on the potential issues such laws would have on manufacturers – particularly manufacturers in a...more

Texas’ Expansion of Medical Marijuana May Impact Employers

Cozen O'Connor on 9/5/2019

Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more

Growing Cannabis Laws: What’s an Employer to Do?

Lowndes on 7/18/2019

As public support for the legalization of cannabis has steadily increased, the majority of states in the U.S. have responded by legalizing the use of cannabis, with 33 states and the District of Columbia permitting the use of...more

Working Through The Weeds Of Cannabis Laws: Prop 64, FMLA, And ADA

McManis Faulkner on 6/11/2019

Proposition 64 changed marijuana laws. What many do not realize is that it did not change employment laws. Employers recognize societal norms are changing with the passing of Prop 64. A new era has commenced and the Family...more

Bashful Bladders Bring Problems for Employers

Foley & Lardner LLP on 4/10/2019

The ever-evolving legal landscape surrounding marijuana legalization has in recent years continued to cloud the waters with respect to workplace drug testing programs. However, beyond the complex issue of whether employers...more

III-38- Part 2 on Employee Marijuana Use and Two Key NLRB Developments

Cozen O'Connor on 1/31/2019

This episode presents Part 2 of 2 on workplace issues when employees use marijuana, and also discusses two significant developments from the NLRB involving independent contractors and individual employee gripes....more

The ADA and Pennsylvania Medical Marijuana: Top 5 Pitfalls for Healthcare Employers

Cozen O'Connor on 10/30/2018

Navigating the landscape of reasonable accommodation under the Americans with Disabilities Act (“ADA”) can be particularly challenging to clients in the healthcare industry. ...more

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Mintz - Employment Viewpoints on 9/26/2018

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

Drug Testing Quiz!

Constangy, Brooks, Smith & Prophete, LLP on 8/31/2018

What better way to start the Labor Day weekend than with a drug test? Er, I meant a quiz about drug testing. Assume that the following are all situations in which drug testing is not legally mandated by some federal law,...more

Employment Compliance In The Age Of Legalized Marijuana

Fox Rothschild LLP on 7/23/2018

Cannabis—or marijuana, as it is commonly known in the United States—is illegal under federal law. However, at least 30 states and the District of Columbia have legalized cannabis for medical use and nine states, as well as...more

State Marijuana Laws: Employers Get By With A Little Help From Their Lawyers

McCarter & English, LLP on 10/27/2017

State laws permitting the lawful use of marijuana for medical or recreational purposes continue to complicate employer efforts to craft policies concerning employees’ marijuana use. Employers know that employees who work...more

The ADA: Four Issues To Watch In 2018

Constangy, Brooks, Smith & Prophete, LLP on 10/6/2017

Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you...more

Medical Marijuana 105: Marijuana in the Workplace

Farrell Fritz, P.C. on 9/26/2017

As you may recall from our first post in this series, medical marijuana in New York was legalized through the passage of the New York Compassionate Care Act (“CCA”) in 2014. The CCA also created new anti-discrimination...more

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

Harris Beach PLLC on 8/18/2017

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

40 Results

View per page

Page: of 2

Medical Marijuana › Americans with Disabilities Act (ADA) › Reasonable Accommodation

"My best business intelligence, in one easy email…"