Pre-offer drug tests to determine the use of illegal drugs did not violate the Americans with Disabilities Act’s prohibition on pre-offer medical inquiries, a federal court in Pennsylvania held on September 15, 2015. The Court previously held that the pre-offer…
Posts by Category: Pre-employment Drug Testing
Minnesota Court of Appeals Provides Helpful Roadmap for Employers Who Conduct Drug Testing
The Minnesota Court of Appeals handed employers a rare win under the Minnesota Drug and Alcohol Testing in the Workplace Act, upholding dismissal of a wrongful discharge case after an employee who tested positive for drugs did not comply with the recommended treatment…
Employee’s Positive Return-to-Duty Drug Test Result Warranted Termination Despite Employer’s Use of Low Cutoff Concentrations
A Texas oil refinery whose substance abuse policy said an employee “whose drug test is positive, regardless of the reasons for the test,” would be considered in violation of company policy and “will be terminated from employment” meant what it said, a labor arbitrator…
Medical Marijuana Update
With state legislative sessions winding down, it’s been pretty quiet on the medical marijuana front, except for California, where both localities and the legislature continue to grapple with the issue. Gov. Jerry Brown (D) signed Assembly Bill 258, which will bar…
Medical Marijuana and Employment Discrimination in New Mexico
Although medical marijuana is now legal in twenty-three states, including New Mexico, it remains illegal under federal law. This creates a challenging legal landscape for employers who want or need to drug test employees, but do not want to expose themselves to…
Marijuana is Now Legal in Oregon
The Measure 91 marijuana legalization initiative approved by Oregon voters is now in effect. That means that people 21 and over can now legally possess up to eight ounces of weed at home and grow up to four plants. Public consumption remains illegal. But you…
Heroin Use Spikes Among Women, Higher-Income Groups
A federal study of substance use trends revealed that women, people age 18 to 25, and those with higher incomes and private insurance have been increasingly falling victim to heroin. The report from the US Centers for Disease Control and Prevention and the Food and…
An Employer’s Guide to Marijuana in the Workplace
Last November, two-thirds of Washington, D.C., residents voted to pass Initiative 71, which decriminalizes the possession of marijuana in the district. The sale and use of medical marijuana became legal in Washington, D.C., in 2010, but Initiative 71 allows for…
New Hawaii Medical Marijuana Law Bars Use in Workplace; Zero Tolerance Policies Still Enforceable
Closing a gap in Hawaii’s medical marijuana law, a new law sets up a regime of vertically integrated grow facilities and retail dispensing licenses for the delivery of medical marijuana to “cardholders†in Hawaii. The stated intent of the new law, signed by…
Marijuana in the Workplace
The states of Colorado and Washington, as well as the District of Columbia, have enacted laws legalizing the recreational use of marijuana. Those jurisdictions and twenty-one other states have also legalized the use of medical marijuana. Meanwhile, U.S. Code still…


