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Articles Posted in Drug Testing

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When must companies accommodate employee medical marijuana use? How about never?

I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination. I’ve blogged before (here) that the Americans with…

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Under the ADA, can you fire an alcoholic who doesn’t request treatment?

An alcoholic employee can present a number of tricky legal issues affecting the workplace. Under the Americans with Disabilities Act, there’s a certain dichotomy. That is, alcoholism is a disability under the Act. However, an employer can ban alcohol in the workplace and require that employees not be under the…

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When might firing a medicinal marijuana user be discriminatory?

Ok. Let’s assume that I’m looking to fill another Blogprentice position here at the Bloggerdome. [FYI – The Blogprentice’s job is to massage my scalp during those brief periods of writer’s block or when I get the vapors, rub my feet at all other times, plus whatever tasks, reasonable or…

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152,000 reasons for employers to consider discrimination with drug testing and haircuts

After the jump, what employers can learn from a possibly botched drug test and the failure to hire a Rastafarian (Or an excuse for me to make gratuitous True Romance references). * * *   Many employers drug test job applicants. Floyd (played by a young Brad Pitt), once motivated…

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“Drug-Free Workplace Policy Builder” from the Department of Labor

Ordinarily, I’m reluctant to recommend online modules that help HR professionals create workplace policies. Like the one I used to create a Borat Workplace Dress Code. Maybe it was the alcohol talking, but I was certain that the one-piece, over-the-shoulder, male swimsuits wouldn’t create a donning and doffing FLSA issue.…

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The ADA does not protect medical-marijuana use, but…

According to a federal appellate court from California, a state that has embraced marijuana as an effective treatment for individuals who face debilitating pain, an employer may discriminate against an employee because of the employee’s use of marijuana. This holds true whether the marijuana use is recreational or medicinal, because the…