In a Maryland case, a federal court ruled that the ADA does not protect employees who use medically prescribed marijuana during work hours, since marijuana remains a federally illegal substance. The court upheld the employer’s right to terminate the employee, despite…
Posts by Category: EEOC
How Employers Can Navigate the Legal Ramifications of the DOJ’s New Directives for ImmigrationEnforcement
The U.S. Department of Justice’s new immigration enforcement directives impact employers by increasing penalties for hiring unauthorized workers. Employers must carefully navigate these directives, ensuring they comply with updated I-9 requirements, verify work…
Complaints Allege Racist Hiring Practices at Walmart Warehouse
Racial discrimination complaints have been filed against Walmart by two African American warehouse workers who were working for several years in a Distribution Center before a temporary lay-off took place. Jobs at the facility were insourced from a third-party…
The Americans with Disabilities Act and Medical Marijuana
While the majority of states have legalized some form of medical marijuana, federal law stands firm regarding marijuana as an illegal drug, even when it comes to the Americans with Disabilities Act (ADA). This federal law states that a qualified individual with a…
Federal Court Rules That the EEOC Can Mess with Texas in Felon Hiring Lawsuit
A recent showdown between the State of Texas and the Equal Employment Opportunity Commission (EEOC) has signaled to employers that the Commission’s position on the unlawful nature of categorical bans on the hiring of felons remains viable. In State of Texas v. EEOC,…
EEOC’s Background Check Guidance Suffers Loss in Texas Federal Court
In early February, a federal judge enjoined the Equal Employment Opportunity Commission (EEOC) and U.S. Attorney General from enforcing against the State of Texas the EEOC’s 2012 Enforcement Guidance on the Consideration of Arrest and Conviction Records in Employment…
Zero Tolerance Drug Testing Policies in the Age of Medical Marijuana
With more states passing laws allowing for marijuana use for medical and recreational reasons, the law regarding an employer’s responsibilities continue to evolve. In Pennsylvania, for instance, the statute lists specific areas in which employers may prohibit…
Washington Public Employer Hit with $1.8 Million Judgment for Failing to Accommodate Prescription Drug User
A customer service representative employed for 20 years in Washington was awarded more than $1.8 million in damages for the employer’s failure to accommodate her use of opioids that were prescribed to treat her migraines. A Washington federal district court confirmed…
Massachusetts High Court Reinstates Suit by Employee Fired for Off-Duty Medical Marijuana Use
The Massachusetts Supreme Judicial Court (SJC) reversed a lower court’s dismissal, determining that a woman’s claims for disability discrimination under the Massachusetts anti-discrimination statute could go forward. After accepting a job with Advantage Sales and…
EEOC’s Race Discrimination Suit Against Janitorial Company Includes Background
A new discrimination lawsuit by the Equal Employment Opportunity Commission (EEOC) has revealed that the group remains interested in trying to use litigation to discourage employers from directly or indirectly screening out the protected class members who tend to be…