Nevada Adds Marijuana Screening Protection for Job Applicants

By Matt Hesketh A Nevada law that goes into effect on January 1, 2020, will make it unlawful for Nevada employers “to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the test indicate the presence of marijuana.” The law expressly does not […]

Disparate Impact Threat Can Set Policy

By Bill Wright A recent disparate impact claim over drug testing sets the stage for participants to dictate improvements in employer policies.  In Jones et al v. Boston, No. 15-2015 (1st Cir. Dec. 28, 2016), the court considered claims by police officers who had been adversely affected by the police department’s drug testing based on […]

Drug Test Entitles Workers to Union Rep

By Andy Volin The NLRB says sending a worker for a drug test is the same as disciplinary action and the worker gets to be accompanied by a Union representative. Manhattan Beer Distribs. LLC, 362 N.L.R.B. No. 192 (August 27, 2015). In this case, a delivery worker had an workplace accident and, the next day, […]

Medical Marijuana Still “Unlawful”

By Bill Wright The Colorado Supreme Court considered whether a state law prohibiting discrimination based on an employee’s “lawful” off-work activities applies to the employee’s use of medical marijuana as permitted under state law. Coats v. Dish Network, No. 13SC394 (Colo. June 15, 2015). Everyone agrees the plaintiff made a sympathetic case. He is a […]

Medical Marijuana Use Doesn’t “Manifest” A Disability

By Vance Knapp In Bailey v. Real Time Staffing Servs., Inc., No. 13-5221 (6th Cir. 2013), the employee tested positive for marijuana in a random test. He tried to explain – to the employer and to the medical review officer – that he had a “medical condition” and was “prescribed” a medication that might cause […]