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Employer Liability Issues › Preemption › Reasonable Accommodation

Venable LLP

EEOC Sues Employer Over Denial of Service Animal Accommodation

Venable LLP on

In May, the Equal Employment Opportunity Commission (EEOC) announced it was suing a Maryland-based employer for allegedly violating Title I of the Americans with Disabilities Act (ADA) by refusing to allow an employee to...more

Parker Poe Adams & Bernstein LLP

Ninth Circuit Upholds Montana Vaccination Status Discrimination Law

Parker Poe Adams & Bernstein LLP on

As part of the backlash against employer-mandated COVID-19 vaccinations, Montana amended its antidiscrimination law to add vaccination status as a protected category. This means that employers are prohibited from inquiring or...more

Littler

Utah Enacts Law Related to COVID-19 Vaccination and Testing Requirements in the Workplace

Littler on

On November 16, 2021, Governor Spencer J. Cox signed SB2004 into law, placing limitations and additional obligations on Utah employers that have implemented vaccine or testing requirements on employees....more

Littler

New Florida Law Governs Employer Vaccine Mandates

Littler on

On November 15, the Florida Legislature convened for a special session to consider four proposed laws reacting to the recent federal vaccine mandates applicable to various employers throughout the country. ...more

Payne & Fears

Key California Employment Law Cases: December 2020

Payne & Fears on

Shirvanyan v. Los Angeles Community. College District, No. B296593, 2020 WL 7706321 (Cal. Ct. App. Nov. 30, 2020) - The availability of a reasonable accommodation is an element of a claim under the Fair Employment and...more

Parker Poe Adams & Bernstein LLP

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

Parker Poe Adams & Bernstein LLP on

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

Mintz - Employment Viewpoints

Employing Medical Marijuana Users – Does Federal Law Give Employers a Pass?

Mintz - Employment Viewpoints on

Until a few cases over the last year, courts appeared to be just fine maintaining the paradox that while individuals could lawfully treat their disabilities with licensed medical marijuana use, employers could choose to pass...more

Harris Beach Murtha PLLC

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

Harris Beach Murtha PLLC on

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

Harris Beach Murtha PLLC

Medical Marijuana Users Can Sue Their Employers

Harris Beach Murtha PLLC on

In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tested positive for medical marijuana use. See Noffsinger v. SSC...more

Brownstein Hyatt Farber Schreck

States Diverge on Employment Law Protections for Medical Marijuana Users

Brownstein Hyatt Farber Schreck on

Several courts have held that employees are not protected from termination or other adverse employment action for medical marijuana use, even in cases where they hold a medical marijuana card under state law, when they test...more

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