As part of a new decision in Massachusetts, a qualifying patient who has been terminated from employment for testing positive for marijuana as a result of her lawful medical marijuana use may state a claim of disability discrimination. A similar decision was made in…
Posts by Category: Pre-employment Drug Testing
Addiction in the Workplace is at an All-Time High
With American businesses losing $81 billion dollars per year due to drug use, many businesses are searching for ways to combat addiction within their company. Opioids like Vicodin, Percocet and OxyContin are responsible for an increasing number of workplace accidents…
A Potential New Hire Shaved His Head After Learning About Our Drug-Testing Policy
When a candidate learned about a company’s drug-testing policy, which includes hair testing for new hires and random screenings thereafter, he shaved his head and insisted he could not provide a hair sample for testing purposes. The company has several ways it could…
Connecticut Medical Marijuana Law Protects Employees and Is Not Preempted by Federal Drug Laws
A recent federal district court case has determined that Connecticut employees who have been certified by the Department of Consumer Protection to use medical marijuana outside of work hours and are not impaired while at work are protected by state law. The state’s…
Texas Supreme Court Rejects Compelled Self-Publication Theory in Defamation Case
The Texas Supreme Court recently rejected the theory holding that an employee’s self-publication of defamatory statements cannot satisfy the publication element of a defamation claim. It further confirmed that there is no independent cause of action for compelled…
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…
Marijuana Trends Force Employers to Rethink Drug Testing Policies
With more and more employees testing positive for state-legalized marijuana, employers are encouraged to rethink testing and rewrite policies. Positive saliva and urine tests are climbing in both federally mandated, safety-sensitive workplaces, and general U.S….
In the Weeds: Florida Lawmakers Provide Medical Marijuana Guidance for the Workplace
There’s good news and bad news for employers after Florida Governor Rick Scott recently signed a medical marijuana bill into law that provides guidelines on the implementation of the state’s Constitutional Amendment regarding medical marijuana. In 2014, the governor…