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 […]
Tag: Drug Testing
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.
Before Donald Glover (aka Childish Gambino) was singing duets with Beyonce, he was the brains behind TV’s Atlanta, a comedy-drama filmed and based in Atlanta, Georgia. Atlanta chronicles the efforts of Earnest “Earn” Marks (Donald Glover), a thirtysomething Princeton dropout, and his cousin Alfred Miles, up-and-coming rapper Paperboi (Bryan Tyree Henry), to navigate the Atlanta […]
Employers generally understand their obligations related to legal protections for people with disabilities. But not all disabilities are obvious, sometimes not even to those afflicted. Such may be the case when employees suffer from addiction to prescription drugs—a problem that’s been in the spotlight lately. And with good reason: The costs employers face related to […]