AGG Talks: Healthcare Insights Podcast - Episode 2: Substance Use Disorder Litigation
DE Talk | Uncovering the Non-Traditional Workforce: Recruiting & Retaining Talent in Addiction Recovery
Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 105: Sara Goldsby, Director, DAODAS
Author Brian Cuban Talks About “The Addicted Lawyer” and the Addiction Crisis Among Lawyers: On Record PR
Can an employer require drug testing in the workplace?
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
Real World Impact: This is the first in a series of Alerts that will provide guidance to employers on navigating the complicated mix of concerns that can arise when dealing with employee mental health issues....more
Whether you’ve noticed it through the media or in your own circle of friends, it’s no secret that the consumption of alcohol has been losing its popularity, and the idea of being sober or “sober curious” is trendy. Of course,...more
As an alternative to termination, employers faced with employee drug or alcohol policy violations sometimes want to give that person a second chance. Typically, this process involves a commitment by the employee to seek...more
The Connecticut Fair Employment Practices Act (CFEPA”) protects employees from discrimination on the basis of a present or past history of mental disability. Conn. Gen. Stat. 46a-60(a)(1). “Mental disability” is defined in...more
In Lansdale v. UPS Supply Chain Solutions, Inc., No. 16-4106 (July 23, 2019), the United States District Court for the District of Minnesota concluded that a jury had sufficient evidence to find that an employer’s discharge...more
The Americans with Disabilities Act (ADA) recognizes that an employee or applicant who is currently engaging in the illegal use of drugs (prescription or otherwise) is not a “qualified individual” with a disability....more
In this episode, Ryan Redekopp discusses some of the major workplace considerations related to the opioid epidemic, including potential signs that an employee might be suffering from addiction; considerations related to drug...more
The Equal Employment Opportunity Commission recently settled lawsuits with two employers it claims violated the Americans with Disabilities Act after rejecting a job applicant and terminating an employee based on their...more
It has long been clear that the Americans with Disabilities Act (ADA) and California law protect employees who suffer from alcoholism if it qualifies as a “disability.” ...more
The Department of Transportation (DOT) recently added four drugs at the heart of the nation's opioid epidemic to its drug testing panels: hydrocodone, hydromorphone, oxycodone and oxymorphone—the central ingredients in such...more
In a solid win for New York City employers, the New York Court of Appeals held that a worker cannot bring a disability discrimination claim under New York City law based solely on a perception of untreated alcoholism. Through...more
Last month, New York’s highest court took the unprecedented step of construing the New York City Human Rights Law (“NYCHRL”) more narrowly than its state and federal counterparts to bar plaintiffs’ city law disability...more
The New York Court of Appeals ruled that the New York City Human Rights Law (“NYCHRL”) does not permit a claim of disability discrimination based solely on a perception of untreated alcoholism. To sustain a claim, an...more
The Supreme Court of Canada’s decision in Stewart v. Elk Valley Coal Corp., 2017 SCC 30 is good news for employers. The Court upheld the prior decisions of the Alberta Court of Appeal and Alberta Human Rights Tribunal,...more
On June 15, 2017, the Supreme Court of Canada (SCC) released its decision in Stewart v. Elk Valley Coal Corp. (Stewart). Stewart is a welcome decision for employers looking to improve and enforce alcohol and drug policies in...more
Can a worker bring a disability discrimination claim under New York City law based solely on a perception of untreated alcoholism? We’ll soon find out, as the U.S. Court of Appeals for the 2nd Circuit has certified the...more
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
While prescription drug use and abuse pose serious concerns for the health and safety of workplaces, two recent cases filed by the U.S. Equal Employment Opportunity Commission (EEOC) suggest that employers need to be very...more
It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a “disability.”1 That said, courts have consistently held that employers can have legitimate work rules...more
In October of last year, I wrote in this space about how the firing of Steve Sarkisian as head football coach by the University of Southern California (“USC”) may raise legal issues related to the Americans with Disabilities...more
At the beginning of last year's college football season, many folks had high expectations for the University of Southern California Trojans and the team's second-year head coach, Steve Sarkisian. Instead, USC ended the season...more
Alcoholism And Disability Discrimination: Lessons From The USC Coach’s Case - If you have never dealt with an employee who is an alcoholic, rest assured, you will. Alcoholism has been described as the single largest,...more
Readers have been clamoring for my take on the alcoholism-discrimination lawsuit filed by Steve Sarkisian against the University of Southern California. Actually, I got one email from a reader, who had a better take on the...more
Temporary Agency Refused to Hire Laborer Because She Was a Recovering Drug Addict in Medically Supervised Treatment Program, Federal Agency Charges - BALTIMORE - Baltimore-based temporary labor agency Randstad, US, LP,...more