A federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss. Hudnell v. Jefferson University Hospitals, Inc., Civil Action No. 20-01621 (E.D. Pa. Jan. 7, 2021). Read more about this decision and considerations for employers here.
Drug Tests
Request For Medical Examination Was Permissible Under ADA After Positive Drug Test Result
By Kathryn J. Russo on
Posted in ADA, Drug Tests
A federal court in Indiana dismissed an employee’s claim that his employer did not have the right to request a medical examination after he tested positive for drugs and subsequently admitted that he was taking numerous prescription medications that could create a safety risk. Beal v. Muncie Sanitary District, Case No. 1:19-cv-01506 (S.D. Ind.…
EEOC Issues Guidance on Opioid Addiction in Employment
By Kathryn J. Russo & Catherine A. Cano on
The U.S. Equal Employment Opportunity Commission (EEOC) issued two technical assistance documents on August 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid medications or may be addicted to opioids. They provide employers insight into how the EEOC envisions information exchange and accommodation efforts. Read more.
Employer’s Request to Count Employee’s Prescription Medication Sufficient to Support Invasion of Privacy Claim
By Kathryn J. Russo on
Posted in Drug Tests
A federal court in Alabama held that an employer’s request to count an employee’s prescription medication – in connection with a drug test that the employee passed – supported the employee’s claim for invasion of privacy. Read more here.