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A Sign that Companies Nation-wide May Have to Consider a Ban on Pre- and Post-Employment Marijuana Drug Testing

Recently, New York law makers announced they are considering a ban on pre-employment tests for marijuana. Effectively, this would prevent employers from testing prospective employees for marijuana usage during the hiring process. This approach comes as the United States is…

Potential Congressional Change Affecting Older Workers and Discrimination

On February 14, 2019, a bipartisan group of lawmakers in the Senate and House reintroduced the Protecting Older Workers Against Discrimination Act. This bill can result in reversing a decision made by the U.S. Supreme Court in 2009 by amending…

Simple Leave of Absence Situation Leads to an Employee Discrimination Claim in California

A federal jury sided with Chipotle Mexican Grill last in a case involving disability discrimination claims by former assistant store manager, Lucia Cortez. Ms. Cortez alleged she suffered a miscarriage at work after years of trying to get pregnant, fell…

Using Fitness for Duty Testing as Part of an Interactive Accommodation Review

Under the Americans with Disabilities Act (ADA), the purpose of the interactive accommodation review (IAR) process is to “identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.” In return to work cases…

Reassignment: The Often-Overlooked Accommodation of Last Resort

What happens when, at the end of a good faith interactive dialogue and despite the parties’ best efforts, there is apparently no reasonable accommodation that will enable the employee to perform the essential functions of their job? Can the employer…

Legal Termination of an Employee Worker Impaired by Prescription Drugs

A former employee with WellStar Health System failed to demonstrate to a federal appeals court that she was terminated from her job based on a disability instead of her admission that she reported to work impaired by prescription drugs. The…

The Legal Importance of ADA’s Interactive Accommodation Review Process

Sixth Circuit Court of Appeals clarifies that employers have discretion to provide a reasonable accommodation as identified through the interactive accommodation review (IAR) process. Once an employee abandons the IAR process, the employer has no duty to accommodate. Under the…

Opioid Use Disorder (OSU) has been determined to be an ADA Covered Disability

The U.S. Department of Justice reached a January 31, 2019 settlement of an American with Disabilities Act (“ADA”) Title III complaint against health care provider Selma Medical Associates relating to provision of medical services to an individual with opioid use…

Excessive Absences Disqualifies Employee from Protection under the ADA

As published by Lexology, an employee who missed nine months of work for reasons unrelated to her disability, and then another day without medical verification, was found by the U.S. Court of Appeals for the Eighth Circuit to be unqualified…

Disciplining employees for absenteeism: 8 do’s and don’ts

Employers have heard all the excuses. My alarm didn’t go off. My car broke down. My babysitter didn’t show up. I have a terrible cold. Though sometimes those excuses for being absent or late ring true, chronic absenteeism and tardiness…

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