For the second year in a row, the percentage of American workers testing positive for illegal drugs has increased, according to a study conducted by Quest Diagnostics. Quest Diagnostics’ Drug Testing Index (DTI) – an annual analysis of workplace drug…
Posts by Category: Pre-employment Drug Testing
Federal Law Trumps Colorado Medical Marijuana Protections
Colorado workers who use medical marijuana and engage in other activities permitted by state law but not federal law are not protected by the state’s “lawful activities statute,” the Colorado Supreme Court ruled. In Brandon Coats v. Dish Network…
Failure to Disclose “Shy Bladder Syndrome” to Employer Defeats ADA Claims Over Firing for Refusal to Drug Test
A retail employee in line for a store general manager’s position lost not only the promotion, but his job, as well, when he failed or refused to take a test because he could not provide a urine specimen as a result of “shy bladder syndrome.” The…
Growing Number of Workers Abusing Stimulants to Stay Competitive
A growing number of workers in a wide variety of professions are abusing stimulants in an effort to stay competitive, experts tell The New York Times. Abuse of stimulants to treat attention deficit hyperactivity disorder (ADHD), such as Adderall, has long been an…
Medical Marijuana Extracts Approved in Georgia
Georgia became the 36th state, plus Washington, D.C., to legalize marijuana extracts to treat illnesses. Gov. Nathan Deal signed the “Haleigh’s Hope Act,” which immediately legalized the use of medical marijuana to treat eight serious medical…
Employee’s Request to Provide Information Excusing Positive Drug Test Could Trigger Obligation to Engage in Interactive Process
An employee’s request to provide medical documentation excusing a positive drug test could trigger an employer’s obligations to engage in the interactive process, according to a recent decision by the United States District Court for the Eastern District…
Legal Marijuana Blurs Workplace Drug Policies
Since California became the first state to permit the sale and possession of medicinal marijuana in 1996, 22 other states and the District of Columbia have passed similar legislation. More recently, recreational marijuana use has been legalized in four states –…
Medical Marijuana Update
Dr. Carolyn Clancy, the VA’s interim under secretary for health, told the House Committee on Veterans’ Affairs “there are active discussions going on now” about how to deal with the growing number of vets seeking to use medical marijuana for…
Dot Every “i” in Iowa to Comply with Drug Testing Law
Iowa Code § 730.5, which relates to private sector drug and alcohol testing, is a strict liability statute and many consider it complicated and difficult to administer. Even if an employee tests positive for illegal drugs the employer is required, among other things,…
District of Columbia Bans Pot Testing of Job Applicants
The D.C. Council unanimously passed a bill prohibiting employers from testing job applicants for marijuana until after they’ve made a conditional job offer. The bill would allow employers to test for pot after they offer someone a job as well as during…