News & Analysis as of

Reasonable Accommodation Drug Testing

Fisher Phillips

Texas Employers Should Prepare for Uptick in Cannabis Use and Accommodation Requests as State Expands Medical Marijuana Law

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You may be surprised to learn that Texas permits the use of low-THC medical marijuana to treat certain health conditions – and a new law will significantly expand the program starting September 1. In addition to changing the...more

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,...

New Mexico Legalizes Medical Use of Psilocybin

On April 7, 2025, New Mexico became the third state to legalize psilocybin (colloquially known as “magic mushrooms” or “shrooms”) for medical purposes. New Mexico is the first state to legalize psilocybin via legislation and...more

Littler

Littler Lightbulb – March 2025 Employment Appellate Roundup

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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

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

Snell & Wilmer

Toking the Line: Where Medical Marijuana Meets Employment Law

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The use of cannabis for medical purposes is legal in 39 states, four out of five permanently inhabited U.S. territories, and the District of Columbia. Some studies suggest that medical cannabis may help treat various...more

Fisher Phillips

Cannabis Conundrum: Recent Ruling on Off-Duty Medical Use Highlights Major Challenges for Florida Employers

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Employers in Florida should take note of a recent ruling that could have far-reaching implications for managing reasonable accommodation requests related to workers’ medical cannabis use. A Florida county court just sided...more

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

Fourth Circuit Issues Opinion Regarding Hemp-Derived (Delta-9) Products in Case Involving ADA Claims

On September 4, 2024, the Fourth Circuit Court of Appeals, in Anderson v. Diamondback Investment Group, LLC, ruled on whether a former employee’s use of lawful hemp-derived products containing delta-9-tetrahydrocannabinol...more

Constangy, Brooks, Smith & Prophete, LLP

Workplace drug/alcohol policies in a legal weed world: 10 easy steps

Easy? Ha! Last week, I posted about “fun” facts related to drugs and alcohol in the workplace. That post was an prelude to what I’ll talk about today: What employers ought to do. As I pointed out last week, marijuana is...more

Foster Swift Collins & Smith

[Webinar] 2024 Labor & Employment Law Virtual Update - September 18th, 8:30 am - 11:00 am ET

It has been a particularly busy year on the labor and employment law front. To learn more about the major challenges employers face and developments your organization needs to address before year's end, we encourage you to...more

Fisher Phillips

NJ Employer Faces Scrutiny for Failing to Hire Medical Marijuana Patient: 7 Key Compliance Reminders

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A telecom company allegedly violated New Jersey’s anti-discrimination law by refusing to hire a job applicant after he tested positive for THC as a result of medical marijuana use, according to the state’s Attorney General....more

Jackson Lewis P.C.

Minnesota’s Latest Legislative Session Update

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Minnesota’s legislature was busy providing new rules and obligations for employers. In addition to the changes in the Minnesota Human Rights Act (MHRA), Earned Sick and Safe Time (ESST), Paid Family and Medical Leave, and pay...more

Fisher Phillips

How Will Psychedelics Impact the Workplace as Therapeutic Treatment Gains Popularity? 4 Things Employers Should Know

Fisher Phillips on

You may think of “magic mushrooms” as nothing but a novelty, but psychedelics like psilocybin are gaining popularity as a therapeutic mental health treatment – raising questions about their impact on the workplace. Are your...more

Epstein Becker & Green

Court Clarifies Employers’ Rights Under Connecticut’s Palliative Use of Marijuana Act, Guidance on Drug Testing

Epstein Becker & Green on

In a recent decision affirming summary judgment in favor of defendant Human Resources Agency of New Britain, Inc. (the “Agency”), the Connecticut Appellate Court (decision.pdf) provided employers with useful guidance about...more

Constangy, Brooks, Smith & Prophete, LLP

Accommodating cannabis: A "how-to" for employers

These steps could help keep you out of trouble. An employee in a safety-sensitive job who has been diagnosed with cancer is selected for a random drug test. The test result comes back positive for TCHA...more

Haynsworth Sinkler Boyd, P.A.

Essentials for Maintaining Employee Handbooks, Including the Latest Employment Law Updates

While not legally required, having an employee handbook is in every company’s best interest. It serves as a tool to communicate policies, procedures, and company values, providing protection for employers when they are...more

Fisher Phillips

5 Things Kentucky Employers Need to Know About the State’s New Medical Cannabis Law

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Kentucky just became the 38th state to legalize medicinal cannabis when Governor Andy Beshear signed SB 47 into law on March 31. This comes after many years of failed legislation and just a few months after the governor...more

Cranfill Sumner LLP

[Webinar] Employment Law Panel 2023 - February 16th, 10:00 am - 11:00 am EST

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Attorneys Benton Toups, Ryan Bolick, Vince Eisinger and Georgia Malik will discuss a range of Employment Law topics, including to what extent an employer must accommodate an employee’s gender-related preferences; CBD Oil and...more

Fisher Phillips

Kentucky Governor Signs Executive Order Protecting Medical Marijuana Use: 6 FAQs for Employers

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In a historic move, Governor Andy Beshear just issued an executive order allowing Kentuckians diagnosed with certain medical conditions and receiving palliative care to purchase, possess, and use medical cannabis. Prior to...more

Rivkin Radler LLP

[Webinar] Lunch and Learn Series: New Employment Laws and Regulations Regarding Marijuana in the Workplace - November 10th, 12:00...

Rivkin Radler LLP on

Please join us for the November Lunch and Learn as Rivkin Radler Partners John Diviney and Tamika Hardy discuss the following topics: - New State laws – New York Marijuana Regulation and Taxation Act, New York Labor Law...more

Constangy, Brooks, Smith & Prophete, LLP

Is Biden about to make marijuana legal?

If so, what will that mean for employers? Yesterday, President Biden announced that he was pardoning everyone who was criminally convicted of simple possession of marijuana under federal law. He's also asked state governors...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

U.S. Equal Employment Opportunity Commission...

EEOC Sues the Princess Martha, Llc and TJM Properties, Inc. for Disability Discrimination

Senior Living Residence Revoked Applicant’s Job Offer After Her Legally-Prescribed Medications Prevented Her From Passing a Required Drug Test - St. Petersburg, Fla. – The Princess Martha, an upscale senior living...more

Bradley Arant Boult Cummings LLP

Cannabis Can Dos and Cannots: Employers and Mississippi’s Medical Marijuana Law

It looks like medical marijuana products may be available in the Magnolia state later this fall. As expected, it will be highly regulated and can only be used by registered, qualified patients who have been diagnosed with a...more

Bradley Arant Boult Cummings LLP

Now I Know My CBDs – Louisiana Court Favors Employee Terminated for Failing Marijuana Test

This country’s relationship with cannabis is a complicated one, and as is often the case in complicated matters, words matter. Marijuana and hemp are different strains of the Cannabis sativa L plant. So, “cannabis” is a...more

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