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 […]

Employers, Do You Need To Accommodate An Employee’s Use of Medical Marijuana?

By:  Amy Epstein Gluck

Maybe. But maybe the question is not whether you need to but whether you should, given the way the judicial winds have been blowing.

We have long been blogging about the Americans with Disabilities Act’s (“ADA”) requirements that employers (with more than 15 employees) must provide a reasonable accommodation to a qualified employee with a […]

Medical Marijuana and the Workplace—What Employers Want to Know

By:  Amy Epstein Gluck

So, a couple of weeks ago, I spoke at the Cannabis Law Summit about marijuana in the workplace to a room full of industry experts.

I did so for two reasons:

First, business owners, CEOs, and HR departments are asking about how they should contend with employees who take medical marijuana in states where […]

Five Tips If You’re Planning To Fire A Pregnant Employee, Especially One With A Disability

The EEOC has long declared in its Strategic Enforcement Plan (“SEP”) that issues “involving the intersection between the ADA and pregnancy-related limitations is one of six national priorities.”

And as we have frequently seen, going after a medical or health facility for violations of these laws is not only a priority but “low hanging fruit” for […]

Top Ten Tips – No Eleven – To Avoid Employment Discrimination Claims

List lovers — this one’s for you.  You like a quick and easy to read (or even memorize, or cut out) list – like the Ten Bill of Rights, or the Ten Commandments, or the Four Tops, or The Three Amigos, or the Doobie Brothers, or . …

Well, here’s a list of 11 tips to help […]

Don’t Be Chained To “Fears, Biases or Stereotypes” Against People With Disabilities

The EEOC’s Strategic Enforcement Plan (“SEP”) has, as one of its six national priorities, the elimination of barriers in recruitment and hiring.  Lately, the EEOC has seemed to focus upon deafness as a barrier to hiring — or as a reason for termination.

We saw recently that “fears, biases or stereotypes” against people with disabilities is at the […]

Is There Disability Discrimination If The Employer Didn’t Know The Terminated Plaintiff Had A Disability?

A recent court decision presents an interesting fact pattern not often seen in ADA cases.

As we know, the ADA prevents discrimination against a qualified individual on the basis of disability, if the plaintiff can show that (1) he is disabled; (2) he is otherwise qualified for the position with or without reasonable accommodation; (3) he […]

One Last Dead Horse To Beat — The EEOC And Health Care Providers

Forgive me this once for beating a dead horse again, but the dead horses keep coming!  I mean the “dead horse” which I have kept beating and beating for years — the never ending flow of EEOC lawsuits under the ADA which target medical or health care providers.  Why won’t these medical folks ever learn?

Three new […]

More “Low Hanging Fruit” Plucked By The EEOC: “Perceived As” Disability

Another health care facility has been sued by the EEOC for alleged violations of the ADA – this time for violating the “perceived as” disabled provision.

A San Diego surgical center – the Sharp Memorial Outpatient Pavilion – allegedly refused to hire an applicant with a minor ankle problem that the EEOC said would not have […]