A positive test may not equate to impairment.

The court found in favor of the plaintiff, holder of a medical marijuana card.

Incremental "tweaks" might be the best course for employers.

The November-December edition of Constangy's Executive Labor Summary is out! David Phippen has a good one (does he ever have any other kind?), including the current status of the U.S. Department of Labor's overtime rule (sick) and the Persuader Rule (still a pulse, but death is imminent), Secretary Thomas Perez's run for chair of the Democratic National Convention, and some dude in ...

Where are we these days with respect to mind-altering substances and the workplace? Here's the latest, with the "substances" discussed in alphabetical order. This blog post is guaranteed accurate™ for at least the next five minutes.

ALCOHOL. Alcohol is legal, which means that it is generally recognized as the most abused of substances. Employers can prohibit its ...

As of this week, we have a new challenge to an employer based on medical marijuana – this time, in Rhode Island.

The state chapter of the American Civil Liberties Union filed suit alleging that Darlington Fabrics Corporation discriminated against a candidate for a paid intern position because the candidate, Christine Callaghan, disclosed that she used medical marijuana for her ...

Rarely does one get a case that involves a cutting-edge Americans with Disabilities Act issue combined with wild, crazy, passionate, irrationally exuberant, tempestuous, adulterous romance. Well, folks, today is your lucky day.

Should we start with the sex, or with the ADA issue? Oh, heck - let's start with the sex.

Emily Kroll, an ...

I hope everyone had a happy holiday season. Now that we are into the nasty, brutish and short days of January (and especially for our friends suffering through Winter Storm Hercules), I will try to warm things up with a couple of weird-but-instructive sexual harassment cases.

The weather outside is frightful, but the fire's so delightful!

Our first case involves a type of harassment ...

Whoa.

A federal judge in Pennsylvania held this week that U.S. Steel had the right under the Americans with Disabilities Act to conduct random alcohol tests on probationary employees at a coke plant, granting summary judgment to the company in a class action that had been filed by the Equal Employment Opportunity Commission.

The court found, in a "case of first impression,"* that the ...