Employers sometimes encounter intoxicated employees at work, but there are some compliance challenges under the Americans with Disabilities Act (ADA) when managing employees with alcoholism....more
4/10/2025
/ Alcohol Testing ,
Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Disability Discrimination ,
Drug & Alcohol Abuse ,
Employee Rights ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Hiring & Firing ,
National Institute of Health (NIH) ,
Popular ,
Reasonable Accommodation ,
Substance Abuse
Lawmakers in New Mexico have advanced two bills that would expand protections for medical marijuana patients and permit the use of medical psilocybin....more
With the arrival of the unofficial annual holiday known as “4/20,” employers can celebrate by reminding themselves of the state laws that could protect employees’ off-duty 4/20 celebrations....more
On February 14, 2024, a judge of the U.S. District Court for the District of Vermont dismissed a plaintiff’s Americans with Disabilities Act (ADA) discrimination and failure-to-accommodate case, holding that his medical...more
3/7/2024
/ Americans with Disabilities Act (ADA) ,
Controlled Substances Act ,
Disability Discrimination ,
Drug Testing ,
Employment Litigation ,
Employment Policies ,
Failure to Accommodate ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
Popular ,
Termination
On November 7, 2023, Ohio voters made Ohio the twenty-fourth state in the United States to legalize the recreational possession and use of marijuana. Ohio Revised Code (R.C.) Section 3780, which is subject to amendment by the...more
11/10/2023
/ Decriminalization of Marijuana ,
Department of Transportation (DOT) ,
Drug Testing ,
Drug-Free Workplace Act ,
Election Results ,
Employment Policies ,
Federal Aviation Administration (FAA) ,
Marijuana ,
OSHA ,
Recreational Use ,
State and Local Government ,
State Elections
On November 8, 2022, voters in Maryland and Missouri overwhelmingly approved ballot measures to legalize recreational marijuana, becoming the 20th and 21st states to do so. And, as part of the ballot initiative in Missouri,...more
California employers may soon be barred from discharging employees or refusing to hire individuals based on their off-duty use of marijuana, under a new bill headed to the governor’s desk. On August 30, 2022, the...more
9/7/2022
/ Corporate Counsel ,
Drug Testing ,
Employee Rights ,
Employment Policies ,
FEHA ,
Governor Newsom ,
Marijuana ,
Off-Duty Employees ,
Pending Legislation ,
Recreational Use ,
Screening Procedures
Legalization of medical and recreational marijuana use continues to spread across the United States despite the drug remaining a Schedule I controlled substance under federal law. This comes as respondents to Ogletree...more
On May 6, 2021, the Alabama legislature approved a medical marijuana legalization bill. Senate Bill (SB) 46, more commonly known as the Darren Wesley ‘Ato’ Hall Compassion Act, will now go to Governor Kay Ivey for final...more
As Judge Richard A. Licht (quoting a slightly more famous source) said in a 2017 court opinion: “I get high with a little help from my friends.” Four years later, employers may be asking themselves which of their employees...more
On January 18, 2010, the New Jersey Compassionate Use Medical Marijuana Act (NJCUMMA) was signed into law. While the NJCUMMA explicitly states that it does not require employers to accommodate a qualified patient’s use of...more
The Americans with Disabilities Act of 1990, as amended (ADA) considers alcoholism to be a “disability.” Individuals who suffer from alcoholism are entitled to the protections of the ADA just as those with significant mental...more
8/17/2015
/ Alcohol Testing ,
Americans with Disabilities Act (ADA) ,
Conditional Job Offers ,
Drug & Alcohol Abuse ,
Drug Testing ,
Employment Policies ,
Hiring & Firing ,
Medical Examinations ,
Mental Illness ,
Popular ,
Screening Procedures