A Pennsylvania federal court ruled that medical marijuana use does not qualify as a disability under the Pennsylvania Human Relations Act (PHRA), dismissing a job applicant’s discrimination claim. The applicant, Brian Davis, alleged the company rescinded his…
Posts by Category: ADA Compliance
Employment Law Update: U.S. District Court Denies Right to Use Medically Prescribed Marijuana at Work
In a Maryland case, a federal court ruled that the ADA does not protect employees who use medically prescribed marijuana during work hours, since marijuana remains a federally illegal substance. The court upheld the employer’s right to terminate the employee, despite…
Employment Law Update: U.S. District Court Denies Right to Use Medically Prescribed Marijuana at Work
A U.S. District Court in Maryland ruled that employers are not required to allow employees to use medically prescribed marijuana at work, even under the Americans with Disabilities Act (ADA). While the court acknowledged that employees cannot be discriminated against…
The Americans with Disabilities Act and Medical Marijuana
While the majority of states have legalized some form of medical marijuana, federal law stands firm regarding marijuana as an illegal drug, even when it comes to the Americans with Disabilities Act (ADA). This federal law states that a qualified individual with a…
Pre-Offer Drug Tests Were Not Impermissible Medical Examinations Under the ADA, Court Holds
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…
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…
Drug-Testing Policy for Prescription Meds May Not Violate ADA
According to the 6th U.S. Circuit Court of Appeals, an employer’s policy of drug testing all employees for prescription drugs that are packaged with warnings about operating machinery may not constitute an improper medical examination or an improper disability…