The Safer Workplace Act, will goes into effect July 7, 2017, will broaden the circumstances under which employers may conduct workplace drug and...
MoreUnreliable Anonymous Tip Could Not Form Basis of Reasonable Suspicion Drug Test by Public Employer
Ralph Greer established a Fourth Amendment violation by several individual supervisors after being discharged from his position with the Detroit...
MoreQuest Diagnostics Annual Survey Shows Drug Test Positivity Rates Continue to Climb
A recently published Quest Diagnostics Drug Testing Index has demonstrated that illicit drug use among United States employees is on the rise...
MoreMaine Delays Implementation of Certain Provisions of Recreational Marijuana Law
In November, Maine became one of four states in which voters approved a new recreational marijuana law. The law took effect on Jan. 30, but...
MoreApplicant Who Failed Pre-Employment Drug Test Could Not Show the Public Employer Violated Her Due Process Rights or Title VII
A lawsuit in which a job applicant challenged a public employer’s decision to withdraw an offer to employment after the individual tested positive...
MoreDiscrimination 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...
MoreNY Highest Court Clarifies Who Can Be Liable for Discrimination Based on Criminal History
In Griffin v. Sirva, Inc., the U.S. Court of Appeals for the Second Circuit was asked to determine whether Section 296(15) of the New York State...
MoreJustices Weighs Whether Negligent Hiring Claim Against Pizza Hut
The Indiana Supreme Court recently considered whether the plaintiff in a wrongful death case can bring employment-based claims against an employer...
MoreFTC Issues ‘Advice’ on Background Check Disclosure and Authorization Forms
The Fair Credit Reporting Act’s (FCRA) hyper-technical disclosure and authorization requirements are competing with compliance of criminal...
MoreFourth Circuit Vacates $12M FCRA Class Action Judgment Against Experian
The Fourth Circuit Court of Appeals recently vacated a $12 million judgment against Experian Information Solutions, Inc.. The class action alleges...
MoreCourt 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...
MoreArkansas Legislature Adds Employer Protections to Medical Marijuana Law
Arkansas has passed a constitutional amendment that establishes a medical marijuana program, which includes sections that clarify when an employer...
More