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Disability Discrimination › Employment Discrimination › Drug Testing

Seyfarth Shaw LLP

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

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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

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

Littler on

Fourth Circuit Stays Injunction Barring Enforcement of DEI Executive Orders On March 14, 2025, the Fourth Circuit issued an order in National Association of Diversity Officers in Higher Education v. Donald Trump, No. 25-1189...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

Fisher Phillips

SCOTUS 2023/24 Lookback and Preview: 8 Key Rulings that Impact the Workplace and 4 New Cases for Employers to Track Next Term

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The Supreme Court issued several momentous decisions last term that will have a lasting impact on employer practices. The Justices continued to shape the workplace law landscape by ruling on an array of issues involving...more

Bond Schoeneck & King PLLC

Employer Discrimination Against Certified Medical Marijuana Users

Bond Schoeneck & King PLLC on

On Jan. 28, the New York State Appellate Division, First Department, issued a decision with potentially significant implications for employers confronted with their employees’ use of medical marijuana. ...more

Rivkin Radler LLP

EEOC Addresses Employees’ Opioid Use in New Guidance

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The EEOC recently issued new guidance regarding employees who legally use, or have previously used, opioids. The guides provide important clarification for employees and healthcare providers regarding the interplay between...more

Baker Donelson

On Drugs and at Work: Keeping Your Work Force Safe and ADA-Compliant in the Opioid Abuse Problem

Baker Donelson on

According to research conducted by the Mayo Clinic, seventy percent of Americans are on at least one prescription drug, and more than half receive at least two prescriptions. Twenty percent of U.S. patients are on five or...more

Hinshaw & Culbertson LLP

UPDATE: Massachusetts Medical Marijuana Patient Can Sue Employer for Discrimination

Hinshaw & Culbertson LLP on

On Monday, July 17, 2017, Massachusetts Supreme Judicial Court ("SJC") issued a decision in Barbuto v. Advantage Sales and Marketing, holding that an employee may sue her employer for handicap discrimination based on her...more

Littler

EEOC Increases Scrutiny of Employer Actions Taken Against Prescription Drug Users

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Prescription drug abuse has made national news in the last few years. In March 2016, President Obama noted that “prescription opioid abuse and [the] heroin epidemic claims the lives of tens of thousands of Americans each...more

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