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Drug Testing Employment Policies Discrimination

Amundsen Davis LLC

National State Employment Law Update Covering the First Six Months of 2025

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2025 is halfway over, and already, there has been significant activity and legal developments throughout the U.S. on the state and local level.  Below is a recap of notable laws enacted throughout the U.S. that have become...more

Amundsen Davis LLC

Key Takeaways - Terminating the Problem Employee

Amundsen Davis LLC on

In our recent webcast, “Terminating the Problem Employee," the Labor & Employment team shared key considerations for employers looking to terminate a “problem employee” while avoiding controversy and litigation. Below are our...more

Sheppard Mullin Richter & Hampton LLP

California Expands FEHA to Include Off The Job Cannabis Use

Virtually all California employers with five or more employees are covered by the Fair Employment and Housing Act (FEHA), the state’s most noteworthy civil rights law. FEHA protects and safeguards the right and opportunity of...more

Littler

Maine Employers Must Ignore Off-Work Marijuana Use, Cease Testing Applicants

Littler on

On February 1, 2018, Maine will become the first jurisdiction in the nation to protect workers from adverse employment action based on their use of marijuana and marijuana products, provided the use occurs away from the...more

Ballard Spahr LLP

Massachusetts Top Court Permits Disability Discrimination Claim for Medicinal Cannabis

Ballard Spahr LLP on

The Massachusetts Supreme Judicial Court (SJC) recently held in Barbuto v. Advantage Sales & Marketing, LLC that employees have a viable claim for disability discrimination under state law if they suffer an adverse employment...more

Seyfarth Shaw LLP

Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use

Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...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

Goulston & Storrs PC

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

Goulston & Storrs PC on

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

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

Consistent Enforcement of Drug Policies Key to Avoiding Disparate Treatment Claims

Following termination stemming from a positive drug test for marijuana, a Native American female, appearing pro se, filed a federal lawsuit against her former employer, Mohave County’s Public Works Department. She alleged...more

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

Miners & Marijuana

As in other industries, mining companies must contend with employees and contractors using or being under the influence of illegal drugs in the workplace. Marijuana is one of the most prominent substances detected in drug...more

Constangy, Brooks, Smith & Prophete, LLP

Probability, Manipulation, And Random Drug Testing

Many employers — particularly, those in the transportation industry — use third party vendors to do the random selections for federally mandated drug and alcohol tests. I think it’s a great idea, because it prevents employees...more

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