Employers, Can You Fire An Employee In Rehab for An Opioid Addiction?

By: Amy Epstein Gluck

As the late, great Amy Winehouse sang:
They tried to make me go to rehab
I said, “no, no, no”
Employers, if an employee seeks leave to go to rehab, your refrain is more likely to be, “yes, yes, yes.”

Why?

If an employee seeks help to treat an addiction, said employee is likely protected by the Americans […]

One State Guides Employers To Establish Workplace Mental Health Standards

By: Amy Epstein Gluck

Did you know that California passed a law last year that establishes voluntary standards for workplace mental health?

No? I didn’t either, and we should talk about this.

What Kind of Law?

Under the law, the state is creating guidelines to help companies strengthen access to mental health care for their employees, put strategies and programs […]

Failing To Provide Accommodations for Mental Health Issues Comes At A Price

By: Amy Epstein Gluck

Employers must catch on: mental illness is prevalent in our workplaces.

According to the National Alliance on Mental Illness (NAMI), approximately 1 in 5 adults —43.8 million, or 18.5%—experiences mental illness in a given year, and of those adults, about 1 in 25 adults in the U.S.—9.8 million, or 4.0%—experiences a serious mental illness in a […]

Iron Throne or Boardroom—Leadership Matters

By:  Amy Epstein Gluck

Who will rule Westeros? Or, in employment-speak, who will become the CEO of Westeros?

So, I love Game of Thrones. I really love it, and the last two years have been kind of brutal waiting for the start of the very last season.

But it’s here, and it’s tonight. TONIGHT.

And this got me thinking, if […]

So Sue Me: One MORE “Low Hanging Fruit” Case in 2018

Well, I was wrong – my post last week was not the last one of the year, as I had promised, dealing with the EEOC’s targeting of “low hanging fruit.”  That is, targeting health care providers for alleged disability law violations.

These cases are coming fast and furious.

The EEOC just reached a “voluntary conciliation agreement” with […]

The Missing Link? NO! The Causal Link Needed to Prove Pretext of Discrimination

By: Amy Epstein Gluck

Here’s an interesting decision for employers that caught my eye this morning, which illustrates a significant aspect of employment discrimination litigation—there must be a nexus, a link, nay a causal link between the alleged discrimination and the adverse decision.

Facts of One Case Discussing this Causal Link

An employer, a battery manufacturing plant, terminated […]

Employers, Do You Have “Meaningful Measures” In Place to Combat Disability Discrimination? #ADA

By:  Amy Epstein Gluck

What’s not a good idea? Terminating an employee who requests a reasonable accommodation. Or failing to even discuss said accommodation.

One employer found this out the hard way.

Yesterday, the Equal Employment Opportunity Commission (EEOC), the federal agency that enforces the federal anti-discrimination laws including the Americans With Disabilities Act (ADA), announced a $125,000 […]

Psst…did you know it was Disability Awareness Month?

By:  Amy Epstein Gluck

Well, it is! And, in honor of that, I bring you a new law affecting most New York City employers, at least those with more than four employees. The law applies to all of your employees, whether full- or part-time, interns (paid or unpaid), temps, and protects more NYC employees than those […]

New Jersey Federal Court: Employer Need Not Waive Drug Test for Medical Marijuana User

By: Amy Epstein Gluck

Remember—despite the legalization of medical marijuana in a majority of states, marijuana remains illegal under the federal Controlled Substances Act (“CSA”), which lists cannabis as a prohibited Schedule 1 illegal drug.

What does it mean to be a Schedule 1 drug?

“Schedule I drugs, substances, or chemicals are defined as drugs with no currently […]

Oklahoma!

By:  Amy Epstein Gluck

No, I’m not talking about the Rodgers and Hammerstein musical and then film where girl chooses between two boys. I’m talking about marijuana. Medical marijuana.

Oklahoma recently became the latest state to enact a medical marijuana law. The relevance from an employment law standpoint is that employers can no longer take an adverse […]