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Dear Littler
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July 19, 2017

Dear Littler: A potential new hire shaved his head after learning about our drug-testing policy. Now what?

We recently offered a position to a candidate. He had a reasonable amount of head hair at the time we offered the job. We require hair testing both for new hires, and for random screenings thereafter. He is now bald. What do we do?

Insight
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July 19, 2017

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s use of medical marijuana.

WPI Report
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July 5, 2017

Mid-Year Roundup: Equal Pay and Related Bills Command Attention in 2017

Consistent with a major theme of the 2016 election cycle, equal pay and similar wage proposals dominated the attention of state legislatures in the first half of 2017.

ASAP
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June 19, 2017

Delaware Enacts Law to Address Gender Pay Gap By Prohibiting Employers From Requesting Compensation History of Job Applicants

On June 14, 2017, Delaware Governor John Carney signed a new law to address the pay gap between men and women by prohibiting prospective employers from asking job applicants about their salary history.

Insight
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June 15, 2017

Rhode Island Superior Court Rules on Job Applicant's Medical Marijuana Use

The Rhode Island Superior Court recently ruled an employer is prohibited from refusing to hire an applicant because she would potentially fail a pre-employment drug test due to her use of medical marijuana.

Insight
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May 10, 2017

Sixth Circuit Extends "Cat’s Paw" Liability Theory to FMLA Retaliation Claims

A Sixth Circuit panel has held that the cat’s paw theory of liability applies to Family and Medical Leave Act (FMLA) retaliation cases.

WPI Report
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May 1, 2017

WPI State of the States — Legislative Proposals Are Taking Root

This month’s State of the States highlights some of the prominent trends demonstrated by the bills that are advancing across the nation.

ASAP
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April 14, 2017

New York City Set to Ban Inquiries About Salary History

The NYC Council has approved a bill that makes it an “unlawful discriminatory practice” for employers to inquire about the salary history of a prospective employee, or to rely upon salary history unless the applicant offers the information voluntarily.

ASAP
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April 3, 2017

USCIS Issues New Guidance on H-1B Work Visas for Computer Programmers

On March 31, 2017, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides new guidance regarding H-1B visas for computer-related positions.

ASAP
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March 20, 2017

Virginia Supreme Court Denies Expansion of Public Policy Exception for Wrongful Termination Claims

The Supreme Court of Virginia, in Francis v. National Accrediting Commission of Career Arts & Sciences, Inc., No. 160267 (Feb. 23, 2017), reaffirmed that the public policy exception to Virginia’s employment at-will doctrine is a narrow one.

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