News & Analysis as of

Disability Discrimination Job Applicants Drug Testing

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

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

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

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

U.S. Equal Employment Opportunity Commission...

International Paper Co. to Pay $65,000 to Settle EEOC Disability Discrimination Suit

Paper Company Applicant Denied Job Because of ADHD Medication, Federal Agency Charged - DALLAS – Memphis-based International Paper Co. will pay $65,000 and furnish other relief to settle a disability discrimination lawsuit...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Backs Detailed Medical Inquiry for Safety-Sensitive Job

The Americans with Disabilities Act prohibits employers from asking questions about an employee’s medical condition absent “business necessity.” What exactly constitutes business necessity has been the subject of litigation...more

Proskauer - California Employment Law

Federal Court in California Greenlights Drug Testing of Job Applicants

A U.S. District Court recently dismissed the lawsuit of a former employee who claimed disability discrimination after he was terminated for testing positive for marijuana in a pre-employment drug test.  Espindola v. Wismettac...more

U.S. Equal Employment Opportunity Commission...

Steel Painters Settles EEOC Disability Discrimination Suit

Industrial Painting Company Unlawfully Fired Worker Because of His Medically Prescribed Methadone, Federal Agency Charged - HOUSTON - Steel Painters, LLC, an industrial sandblasting and painting services company based in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - February 2020

This edition of Employment Flash looks at recent NLRB activity, including its decision (overruling an Obama-era decision) regarding confidentiality rules for employees during ongoing workplace investigations. We also discuss...more

Troutman Pepper Locke

New Pennsylvania Medical Marijuana Lawsuit May Someday Provide Guidance to Employers

Troutman Pepper Locke on

Q: Are there any new cases involving Pennsylvania’s Medical Marijuana Act in the context of employment? A: Given that state-sanctioned use of medical marijuana is relatively new, there are few cases interpreting...more

Jaburg Wilk

Medical Marijuana Can be a Tricky Issue for Arizona Employers

Jaburg Wilk on

In 2010, Arizona voters approved a medical marijuana law that applies to most employers. Generally, the law states that it is unlawful for an Arizona employer to refuse to hire (or terminate) an employee simply because they...more

Stokes Wagner

Nevada Bans Discrimination Over Cannabis Use

Stokes Wagner on

In January 2020, Nevada will become the first state to bar employers from refusing to hire a prospective employee due to a positive drug test for cannabis. The new law carves out some exceptions for employees who operate a...more

Faegre Drinker Biddle & Reath LLP

New Jersey Expands Employment Protections to Medical Marijuana Users

New Jersey recently joined a growing number of states, including Arizona, Arkansas, Connecticut, Delaware, Illinois, Maine, Massachusetts, Minnesota, Nevada, New York, Oklahoma and Rhode Island, that afford certain job...more

Robinson+Cole Manufacturing Law Blog

Legal Pot = Storm Clouds for Manufacturers

New York City’s recent ban on pre-employment marijuana testing, coupled with recent decisions in New Jersey and Connecticut, could give manufacturers cause for concern.  Effective May 20, 2020, New York City employers will no...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - May 2019

This edition of Employment Flash looks at developments in labor and employment law, including regarding a DOJ appeal of the EEOC's heightened pay reporting requirements, the NLRB's decision narrowing the circumstances under...more

Parker Poe Adams & Bernstein LLP

Federal Court Says Connecticut Law Required Employer to Accommodate Medical Marijuana Use

As previously chronicled in EmployNews, a small but growing number of states that have legalized medical marijuana use have recognized employees’ rights not to be subject to adverse treatment by their employers due to such...more

FordHarrison

Zero-Tolerance Policy Didn't Justify Refusing to Hire Medical Marijuana User in Connecticut

FordHarrison on

A Federal District Court in Connecticut has held an employer liable for discrimination under Connecticut state law for rescinding an offer to an employee who tested positive for use of medical marijuana, even though the...more

Genova Burns LLC

PUMA Provision Provides Powerful Position for Prospective Employee in Connecticut Medical Marijuana Case

Genova Burns LLC on

The magical mystery tour of medical marijuana-related employment litigation continued earlier this month with a decision out of the U.S. District Court for the District of Connecticut in the case of Noffsinger v. SSC Niantic...more

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

More Buzz in Connecticut on Medical Marijuana in the Workplace

A Connecticut federal court judge provided further clarification for employers concerning Connecticut’s Palliative Use of Marijuana Act (PUMA). In its second decision in Noffsinger v. SSC Niantic Operating Company, LLC...more

Seyfarth Shaw LLP

Federal Judge Rules that Employer Violated Connecticut Law by Refusing to Hire Medical Marijuana User

Seyfarth Shaw LLP on

Seyfarth Synopsis: On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment...more

U.S. Equal Employment Opportunity Commission...

Steel Painters Sued by EEOC For Disability Discrimination

Painting Company Fired Worker Because It Regarded Him as Having a Disability Due to His Drug Treatment, Federal Agency Says - HOUSTON - Steel Painters, LLC, a Beaumont, Texas-based painting company, unlawfully fired a...more

Best Best & Krieger LLP

[WEBINAR] Labor & Employment Law: What Changed in 2017

Best Best & Krieger Labor & Employment attorneys discussed new legislation and case law impacting California employers - private and public. What Was Discussed -Legislation passed in 2017 -Wage and hour update ...more

Bradley Arant Boult Cummings LLP

Going with the Flow: Refresher Case about Drug Tests and Mississippi’s New Urine Trouble Law (No Kidding)

Urine testing—not one of the more popular work activities. However, drug tests are part of safety programs throughout the country. Two recent events—one a court decision and one a potential legislative event—give me the...more

Nutter McClennen & Fish LLP

Medical Marijuana Usage Protected Under Massachusetts Handicap Discrimination Law

In Barbuto v. Advantage Sales and Marketing, LLC, the Supreme Judicial Court of Massachusetts ruled that an employer could be sued for handicap discrimination under state law for firing an employee who tested positive for...more

Littler

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

Littler on

In a case of first impression in the state, the Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire a prospective employee because the employee would potentially fail a pre-employment...more

U.S. Equal Employment Opportunity Commission...

Scottsdale Car Dealership to Pay $45,000 To Settle Disability Discrimination Lawsuit

Bell Lexus and The Berge Group Refused to Hire Woman Because of a Prescription Drug She Took for Her Disability, Federal Agency Charged - PHOENIX - Two Scottsdale, Ariz., companies will pay $45,000 and furnish other relief...more

U.S. Equal Employment Opportunity Commission...

Covenant Transport To Pay $30,000 To Settle EEOC Disability Discrimination Suit

Trucking Company Refused To Hire Applicant Because of Inability to Provide a Urine Sample Due to Medical Condition, Federal Agency Charged - CHATTANOOGA, Tenn. - Covenant Transport, Inc., a trucking company based in...more

27 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide