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 ...
NOTE: Because of the Thanksgiving holiday, there will be no post on Friday. Happy Thanksgiving and happy Chanukkah!
*SARCASM ALERT*
The following is a public service announcement. Only you can prevent your company from having a boring holiday party by following these six steps.
1. Let the wine flow like . . . wine! Alcohol should always be served at company functions. One can never have ...
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 ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
Continue Reading
Subscribe
Contributors
- Susan Bassford Wilson
- Patricia-Anne Brownback
- Kenneth P. Carlson, Jr.
- James M. Coleman
- Cara Yates Crotty
- Thomas M. Eden, III
- Deborah Hembree
- Steven B. Katz
- Ellen C. Kearns
- F. Damon Kitchen
- Angelique Groza Lyons
- John E. MacDonald
- Marcia McShane
- Robert L. Ortbals Jr.
- Alyssa K. Peters
- Sarah M. Phaff
- David P. Phippen
- Ray Poole
- Angela L. Rapko
- Katie M. Rhoten
- Paul Ryan
- Sarah J. Sepasi
- Robin E. Shea
- Kristine Marie Sims
- David L. Smith
- Stephen Stecker
- Jill S. Stricklin
- Jack R. Wallace
- Heidi Wilbur
- Jonathan W. Yarbrough
Archives
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- June 2018
- May 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- August 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- July 2011
- June 2011
- May 2011
- April 2011
- March 2011
- February 2011
- January 2011
- December 2010
- November 2010
- October 2010