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State and Local Government Disability Discrimination Employer Liability Issues

Bradley Arant Boult Cummings LLP

Don’t Get Dog Tired: How to Respond to Employee Requests to Bring Service or Emotional Support Animals to Work as an Accommodation

A Maryland employer recently found itself in the Equal Employment Opportunity Commission’s (EEOC) doghouse when it allegedly summarily rejected an employee’s accommodation request to have his service animal come to work with...more

Tucker Arensberg, P.C.

Individual Liability in Employment: Are You in Hot Water?

Tucker Arensberg, P.C. on

What happens when an employee believes he or she is a victim of discrimination at work? Most people understand that an employee can sue their employer/company but very few understand the concept of individual liability under...more

Bradley Arant Boult Cummings LLP

Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil

In our modern world of a booming CBD industry and an increasing number of states that have legalized marijuana, can you terminate an employee for a positive drug test for marijuana? What if the test shows marijuana...more

Jackson Lewis P.C.

Ohio’s Employment Law Uniformity Act: New Prerequisites And Defenses For Discrimination Claims

Jackson Lewis P.C. on

Ohio employment discrimination claims filed on or after April 15, 2021, will be subject to certain prerequisites under the newly enacted Employment Law Uniformity Act (ELUA). The ELUA updates the state’s...more

McNees Wallace & Nurick LLC

Are Medical Marijuana Users Protected by the Pennsylvania Human Relations Act?

The answer to this question is . . . it depends.  Based on three recent court decisions, whether the Pennsylvania Human Relations Act (“PHRA”) protects medical marijuana (“MMJ”) users from discrimination on the basis of their...more

Cozen O'Connor

Pennsylvania Commonwealth Court Denies Medical Marijuana Accommodation for Nursing Student

Cozen O'Connor on

In a first-of-its-kind decision issued on October 29, 2020, the Pennsylvania Commonwealth Court held that Pennsylvania’s Medical Marijuana Act (MMA) did not require a nursing school to accommodate a student’s use of medical...more

U.S. Equal Employment Opportunity Commission...

EEOC Sues Professional Transportation for Disability Discrimination

Transportation Company Refused to Hire Worker Because of Medical Treatment for Opioid Addiction, Federal Agency Charges - BLUEFIELD, W.V. – Professional Transportation, Inc. (PTI), a transportation company head­quartered...more

Bond Schoeneck & King PLLC

COVID-19: New York Travel Guidance, Related Disability FAQs, Reopening/Operating Procedures, School District Update

Throughout the COVID-19 global health and economic crisis Bond has marshaled its resources in support of employers by assessing the shifting business landscape, identifying potential legal hazards and charting sound...more

McNees Wallace & Nurick LLC

PA Federal Court Upholds Private Right of Action under the PA Medical Marijuana Act

Earlier this month, in the case of Hudnell v. Thomas Jefferson University Hospitals, District Court Judge Gerald Pappert denied Jefferson’s motion to dismiss Hudnell’s claims for violation of the Pennsylvania Medical...more

Perkins Coie

Oregon Workplace Fairness Act: What Employers Need to Know

Perkins Coie on

The major elements of Oregon’s Workplace Fairness Act (OWFA) come into effect on October 1, 2020. Employers should review their workplace discrimination and harassment policies, employment agreements, and settlement...more

Littler

Utah State Legislature Clarifies: Private Employers Not Required to Accommodate Use of Medical Cannabis; Public Employers Held to...

Littler on

Utah’s medical cannabis program officially launched this month, and the Utah State Legislature timely enacted Senate Bill 121, which amends and clarifies various provisions of Utah’s medical cannabis laws, including a...more

Downs Rachlin Martin PLLC

Coronavirus Update: What Should Employers Do?

With confirmed cases in New Hampshire, Massachusetts, and Rhode Island, it appears the 2019 Novel Coronavirus (“COVID-19”), often referred to as the “Coronavirus,” may present significant issues for employers throughout New...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

Herbert Smith Freehills Kramer

NYC Commission on Human Rights Issues Guidance on Expanded Protections for Independent Contractors and Freelancers

The New York City Commission on Human Rights (the Commission) has published guidance regarding an amendment to the New York City Human Rights Law (NYCHRL) that expanded protections under the law to independent contractors and...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

Littler

Recent and Upcoming Changes to Oregon Pregnancy & Childbirth Accommodations Laws

Littler on

Women with children are the fastest-growing segment of the workforce. Six in every ten new mothers are working.  Against that backdrop, the Oregon legislature recently enacted two new laws, changing and clarifying the rules...more

Cozen O'Connor

Texas’ Expansion of Medical Marijuana May Impact Employers

Cozen O'Connor on

Texas has largely avoided the wave of marijuana legalization sweeping the country and the accompanying legal complications that have come along for the ride. Those days may be numbered as the Texas Legislature recently passed...more

Seyfarth Shaw LLP

New Jersey Governor Clears the Medical Cannabis Haze

Seyfarth Shaw LLP on

Seyfarth Synopsis: A New Jersey appellate court recently concluded in Wild v. Carriage Funeral Holdings, Inc. that even though New Jersey’s Compassionate Use Medical Marijuana Act (the Act) did not “require … an employer to...more

Troutman Pepper Locke

New Jersey Employers May Be Required to Accommodate an Employee’s Use of Medical Marijuana Outside the Workplace

Troutman Pepper Locke on

Q. Now that medical marijuana is legal in New Jersey, does the Law Against Discrimination require employers to provide an accommodation for medical marijuana use?...more

Seyfarth Shaw LLP

Cannabis in California: High Time to Smoke Out the Issues

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a simpler time, courts reviewing medical cannabis laws issued employer-friendly decisions, generally finding no duty to accommodate medical cannabis even when state laws allowed its use for medical...more

Stinson LLP

Illinois Legalizes Recreational Marijuana Use for Adults 21 and Over

Stinson LLP on

Last week, the Illinois State Legislature succeeded in its bipartisan effort to legalize the recreational use of marijuana for adults 21 and over, with sales expected to begin next year. Illinois is the second state to...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

Seyfarth Shaw LLP

Illinois Marijuana Legislation Update: Senate Bill Would Protect Employers’ Rights

Seyfarth Shaw LLP on

Seyfarth Synopsis: The Illinois General Assembly has been working on a marijuana legalization bill this session. The Senate Bill would protect employer rights to ban marijuana and discipline employees for use....more

Hogan Lovells

Minnesota Court Clarifies Key Difference Between Federal and State Discrimination Laws

Hogan Lovells on

Employers in Minnesota should be aware of a key difference between federal and Minnesota employment law. In McBee v. Team Industries, Inc., the Minnesota Supreme Court held that...more

FordHarrison

New Jersey Appeals Court Reaffirms that Obesity is Not Protected Under NJLAD

FordHarrison on

On April 4, 2019, the Appellate Division of New Jersey Superior Court reaffirmed that obesity, standing alone, is not a protected characteristic under the New Jersey Law Against Discrimination (LAD), affirming summary...more

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