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…
Posts by Category: EEOC
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…
The Cost of Non-Compliance
In just one year, $482 million was paid by employers for violating the Americans with Disabilities Act (ADA). This may not mean anything to your business, but the cost of non-compliance is great for those who lack knowledge about state laws, unemployment defense,…
Governor Christie Announces Bipartisan Agreement on Model Legislation to Reclaim Lives
Governor Chris Christie recently announced a bipartisan agreement on model legislation to help reclaim the millions of family members, friends, neighbors and coworkers in New Jersey and across the country who are stricken by drug addiction. Three new expungement…
New California Regulations Further Limit Employers’ Ability to Use Criminal History in Making Employment Decisions
New regulations from the California Fair Employment and Housing Council that will go into effect July 1 will limit an employer’s ability to consider the criminal history of a job applicant or employee when making employment decisions. Key changes include adverse…
Discrimination Charge Filed by the Fortune Society Against Macy’s in Background Check Dispute
Outten & Golden LLP filed an Equal Employment Opportunities Commission (EEOC) charge this month on behalf of The Fortune Society against Macy’s, Inc. The charge alleges that Macy’s violated Title VII of the Civil Rights Act of 1964, and other laws, terminating…
Court Certifies Three Classes in Action Challenging WMATA’s Criminal Background Check Policy
After receiving a contingent job offer as a bus operator with the Washington Metropolitan Area Transit Authority (WMATA) in 2013, Erick Little disclosed information about a 1987 drug conviction. Little would have been just 19 at the time of the 26-year-old drug…
New Regulations Limit California Employers’ Consideration of Criminal History
The California Fair Employment and Housing Council (FEHC) has finalized new regulations on employer consideration of criminal history, largely adopting the guidance set forth by the Equal Employment Opportunity Commission (EEOC). The regulations include expanding the…




