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An employment lawyer’s take on track star Sha’Carri Richardson’s suspension for using marijuana

Image by Please Don’t sell My Artwork AS IS from Pixabay Last week, I read the news that Sha’Carri Richardson, one of the favorites to win Olympic gold for the United States in the women’s 100-meter dash, was suspended for a month for testing positive for marijuana. As a management-side…

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Yet another court reaffirms that the ADA does not require accommodating marijuana use

Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/) It’s been a minute since I’ve gotten to blog about the Americans with Disabilities Act and accommodating an individual with a disability and a marijuana card who uses doctor-prescribed marijuana off the clock. Better dust off the cannabis scales of justice for this one. The ADA…

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TRENDING: Cities and states banning pre-hire marijuana testing. Next up: Philadelphia

Image Credit: cannabis chemical test by ProSymbols from the Noun Project As more states and localities legalize or decriminalize the use of recreational marijuana, the next logical step is to preclude employers from testing for marijuana use as a condition of employment. Why? It comes does to dollars and cents.…

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The federal government seems much less uptight now about employees that have used marijuana

elsaolofsson, CC BY 2.0, via Wikimedia Commons and Cannabis News No, today isn’t “Bring Your Bong To Work” Day. That’s tomorrow. But the U.S. Office of Personnel Management (OPM) is finally conceding in this memo that marijuana use may not be a concern when considering the suitability or fitness of…

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Now that recreational marijuana is legal in NJ, can local employers still drug test? Refuse to hire pot smokers??

Image Credit: @NJGov on Twitter Well, it depends. ***ducks rotten tomatoes*** Yesterday, New Jersey Governor Phil Murphy signed three bills into law, “legalizing and regulating cannabis use and possession for adults 21 years and older (A21 – “The New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act”) and decriminalizing…

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A federal court just greenlit the failure-to-accommodate claim of a medical marijuana user. But why?!?

Image by Tumisu from Pixabay Oh, I was just asking. I thought you knew. Ok, let’s start over.  Since I did read this opinion and, apparently, it’s my job to do the ‘splaining around here. Just don’t accuse me of blog-splaining. Anyway, according to the plaintiff, an employee of a…

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Using marijuana in NJ has nothing to do with politics. But, are local employers ready for legal weed?

Image by Erin Stone from Pixabay In a landslide victory on election day — ok, a touch of politics — New Jersey voters overwhelmingly supported legalizing recreational marijuana. But where and when can you get it? (Asking for a friend). And what does legalized recreational marijuana mean for local employers?…

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My employer fired me because I use medical marijuana. Can I sue?

Image by CMElixirs from Pixabay Well, that depends. 😉 It depends on the state in which you are employed. Some states haven’t legalized medical marijuana. So, you’re SOL if you work in one of them. Others that have legalized medical marijuana have clear laws that permit employees fired for having…

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No, the Americans with Disabilities Act does not require accommodating CBD use

Jeoy Pena / CC BY-SA Courts across the country have consistently concluded that the Americans with Disabilities Act does not require an employer to accommodate an employee’s use of medical marijuana — even outside of work — to enable an employee with a disability to perform the essential functions of…

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I have new guidance for employees struggling with substance abuse issues during this pandemic

(U.S. Air Force photo illustration/Tech. Sgt. Mark R. W. Orders-Woempner) Technically, the new guidance is from the EEOC. But, since this is my blog, I’ll take credit for sharing it. Before I detail this new guidance, I’ve got some other big EEOC news! That is, several of my friends from…