A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more
6/4/2025
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Conditional Job Offers ,
Department of Transportation (DOT) ,
Disability Discrimination ,
Drug Testing ,
Employee Rights ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Job Applicants ,
Medical Marijuana ,
Pennsylvania ,
Plant Based Products ,
Reasonable Accommodation ,
Screening Procedures ,
State Labor Laws
In 2018, Washington enacted a Fair Chance Act, requiring covered employers to wait until after considering an applicant to be “otherwise qualified” for the position at issue to inquire about or consider criminal history when...more
5/6/2025
/ Adverse Employment Action ,
Conditional Job Offers ,
Criminal Background Checks ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Fair Chance Act ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
Notice Requirements ,
State Labor Laws ,
Washington
Seyfarth Synopsis: Since 2018, California has had a comprehensive Fair Chance Act (CFCA), which places a number of restrictions on employers using criminal history for hiring and other employment purposes. San Francisco and...more
10/15/2024
/ Adverse Employment Action ,
Background Checks ,
Ban the Box ,
California ,
Conditional Job Offers ,
Criminal Background Checks ,
Employer Liability Issues ,
Employment Discrimination ,
Fair Chance Act ,
Hiring & Firing ,
Job Ads ,
Job Applicants ,
Labor Reform ,
Labor Regulations ,
Local Ordinance
For many years, California employers have been subject to the state’s Fair Chance Act, which (in a nutshell) requires employers to...more
8/23/2023
/ Adverse Employment Action ,
Background Checks ,
California ,
Civil Rights Act ,
Criminal Background Checks ,
Criminal Records ,
Employees ,
Fair Chance Act ,
Fair Credit Reporting Act (FCRA) ,
Hiring & Firing ,
State Labor Laws ,
Wage and Hour
The District of Columbia legalized cannabis for medicinal purposes in 2010 and began to permit individuals to use the drug recreationally in 2015. Last month, on July 13, 2022, Washington, D.C. Mayor Muriel Bowser signed the...more
Seyfarth Synopsis: On June 16, 2020, the New York City Commission on Human Rights adopted new rules clarifying the catch-all “safety-sensitive” exception to the prohibition against New York City employers requiring job...more
6/30/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
While it has been a challenge for employers to keep up with the explosion of medical and recreational marijuana laws spreading across the nation, employers have taken some comfort in that most of these states still grant...more
On January 10, 2020, Colorado Representative Jovan Melton (D) introduced House Bill 20-1089, which proposes to clarify that the existing prohibition on an employer terminating an employee for the employee’s lawful off-duty...more
1/28/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Controlled Substances ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Preemption ,
Proposed Legislation ,
State and Local Government ,
State Labor Laws
In 2016, Pennsylvania enacted its “Medical Marijuana Act” (MMA), which permits individuals suffering from certain conditions to use marijuana for medicinal use. Several provisions in the MMA impact employers. For instance,...more
1/7/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Duties ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
On November 18, 2019, Florida Senator Lori Berman (D) introduced Senate Bill 962, which proposes to provide job applicants and employees who use medical marijuana various protections in employment....more
12/4/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Job Applicants ,
Job Descriptions ,
Labor Regulations ,
Legislative Agendas ,
Marijuana ,
Medical Marijuana ,
Proposed Legislation ,
Reasonable Accommodation ,
Regulatory Agenda ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: A New Jersey appellate court recently concluded in Wild v. Carriage Funeral Holdings, Inc. that even though New Jersey’s Compassionate Use Medical Marijuana Act (the Act) did not “require … an employer to...more
7/23/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employee Rights ,
Employer Liability Issues ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws
Seyfarth Synopsis: Illinois Governor J.B. Pritzker signed the new recreational cannabis bill, which contains extensive provisions regarding the extent of an employer’s right to ban and otherwise discipline employees for...more
6/28/2019
/ Adverse Employment Action ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Marijuana ,
Medical Marijuana ,
New Legislation ,
Reasonable Accommodation ,
Recreational Use ,
State and Local Government ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: Following closely on the heels of a similar law in New York City, effective January 1, 2020, it will be unlawful for Nevada employers to reject a job applicant who tests positive for cannabis on a...more
6/12/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Drug Testing ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
Recreational Use ,
State Labor Laws
Seyfarth Synopsis: Given this recent New Mexico medical marijuana law change discussed here, employers in all jurisdictions should review their current policies and practices addressing “weed at work” and continue to monitor...more
4/18/2019
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State Labor Laws ,
Workplace Safety
Seyfarth Synopsis: On November 8, 2016, Maine voters approved “Question 1 – An Act to Legalize Marijuana” (“the Act”), which allows for, among other things, the recreational use of marijuana. The Act contains within it an...more