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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…
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…
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…
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…
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…
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…
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…
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…
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….
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…