Practical HR Tips, News & Advice. Updated Daily.
Question: If we have a drug-free workplace policy and implement random testing, can we fire an employee who tests positive even if the employee simply used marijuana outside the workplace and wasn’t impaired? Answer: The short answer is yes. Employers in Wisconsin specifically are allowed to conduct random drug testing of their employees. If an […]
On January 31, the Sixth Circuit published a cautionary tale regarding the “reasonable belief” doctrine involving an employer that fired a disabled employee for a positive drug test for “marijuana.” Airgas USA Sued for Disability Discrimination Over Employee’s Hemp Use In Fisher v. Airgas USA, LLC, Fisher was an operation technician who used power tools, worked […]
A recent opinion by the U.S. District Court for the Eastern District of Louisiana in New Orleans ruled that a jury was needed to decide a case after an employer terminated a disabled employee for failing a drug test because of her lawful CBD oil use. The ruling, which applies to employers in Louisiana, highlights […]
As the marijuana legalization and decriminalization trend continues throughout states across the nation (including with recent April 2022 action by the U.S. House of Representatives), now is a good time for all employers to review and update your drug testing policies.
A recent decision from the Southern District of Ohio highlights the importance of conducting an individualized assessment before taking adverse action against an individual who takes opioids.
The Americans with Disabilities Act (ADA) limits an employer’s right to require a current employee to provide information about his medical conditions. Only in situations where the need to obtain such health information is necessary to determine whether the employee can perform the job functions and do so in a safe manner is the medical […]
A federal district court in Massachusetts recently issued a decision that serves as a good reminder to employers to review their policies related to employee drug or alcohol use both on and off duty and ensure they are consistently applied. While the case involved a unionized employer, even nonunion employers should review the decision because […]
The Iowa Supreme Court recently issued important decisions about the state’s private-sector drug-free-workplace statute. Iowa Code Section 730.5 is a complex statute containing numerous application pitfalls for employers. Read on to learn more about the consequential case. Facts Four employees in safety-sensitive positions at a Casey’s General Stores distribution warehouse lost their jobs after random […]
As previous pieces I have written for this blog demonstrate, I am a huge track and field fan, so much so that I listen to multiple track-related podcasts, watch meets on television whenever I can, and once got embarrassingly excited when I came across sprinter Mike Rodgers DJing in an Austin bar during the weekend […]
Nevada has a new law taking effect January 1, 2020, prohibiting employers from refusing to hire applicants who test positive for marijuana during preemployment drug screenings.