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?
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.
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.
The West Virginia Legislature recently passed two bills that dramatically change the landscape of West Virginia’s laws on medical marijuana use and employee drug testing.
Last November, Maine voters approved An Act To Legalize Marijuana. Emergency legislation since enacted provides employers with operations in Maine a temporary reprieve from complying with the anti-discrimination provisions of the law until Feb. 1, 2018.
The end of the year brings many reasons to celebrate, and the vast majority of employers intend to make merry by hosting a holiday party of some sort. Nonetheless, a holiday party can create unintended negative consequences.
Two recent EEOC lawsuits alleging disability discrimination underscore the importance of engaging in an interactive process with job applicants and employees and providing reasonable accommodations to those taking prescription drugs for medical conditions
On December 2, 2016, the U.S. Department of Transportation announced a final rule establishing a new “Commercial Driver’s License Drug and Alcohol Clearinghouse.”
On a very limited legal basis, a federal district court has declined to enjoin OSHA from enforcing portions of its new recordkeeping rule related to potentially retaliatory post-accident drug testing and safety incentive programs.
