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Articles Posted in Drug Testing
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A recreational marijuana user was blowin’ hella smoke with these FMLA arguments.
Remember that scene in Animal House, the one where Donald Sutherland is sitting around with Katy and the some of the Deltas, smoking pot and discussing solar systems and atoms on the fingernail of a giant being? Continue reading
Another court greenlights a medicinal marijuana user’s lawsuit against his former employer
This may not be Magic vs. Bird or Biggie vs. Tupac. Those battles are too close to call.
But, if I were to ask you which side of the country, east coast or west coast, would offer greater judicial support for the employment rights of medicinal-marijuana cardholders, you’d say west for sure, right?
And you’d be wrong… Continue reading
What would you like to know about the law on employee use of medicinal marijuana?
Last month, the Massachusetts Supreme Court held (here) that a local employer may have a duty to accommodate an employee’s use of medicinal marijuana. You can read more about that decision at Jon Hyman’s Ohio Employer’s Law Blog.
Wait, what? If marijuana is still considered an illegal drug under federal law — it is — what duty could an employer possibly have to accommodate an employee’s use of marijuana, even for medical purposes?
Maybe, it’s not so clear. Continue reading
“I get high with a little help from my friends”
The Beatles lyric is also the opening line from a recent state court opinion about hiring (or not hiring as the case may be) someone who uses medical marijuana. More on that in a bit. Continue reading
Medical Marijuana is coming to PA. What do employers need to know?
Pennsylvania is about to become the second Commonwealth in the United States to legalize medical marijuana. (23 states — la di da, states — plus DC currently allow it)
Does this mean that employees with migraines can puff vape pens and eat Cheetos in your break rooms at work? Actually, I’m pretty sure that’s not how it works.
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 Disabilities Act does not protect illegal drug use by employees. So, if the illegal drug use, and not the disability, motivates a company to fire an employee, that’s perfectly legal.
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 influence of alcohol.
But what about an alcoholic employee, who, while remaining sober at work, seeks a leave of absence to treat?
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 unreasonable, I may assign from time to time. Job pays minimum wage. And, by that, I mean compliments. That is to say, part of the job is to compliment me. Another part is to make sure I’m using compliment correctly (instead of complement)].
All hires must then pass a background check and drug screen. Continue reading
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).
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