Archives: Drug Tests

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Illinois Legalizes Recreational Marijuana, Posing Challenges For Employers

The Illinois General Assembly passed the Cannabis Regulation and Tax Act (“the Act”) (HB 1438) on May 31, 2019, legalizing marijuana for recreational purposes. Governor J.B. Pritzker has stated he will sign the bill and it will take effect on January 1, 2020.  The Act will allow anyone over the age of 21 to possess, use, or … Continue Reading

Nevada Will Ban Pre-Employment Marijuana Testing On January 1, 2020

Beginning on January 1, 2020, it will be illegal to conduct pre-employment drug testing for marijuana in the state of Nevada. Assembly Bill No. 132 was signed into law by the governor on June 5, 2019. This makes Nevada the first state to enact such a law (although New York City became the first city … Continue Reading

Update: New York City’s Ban On Pre-Employment Marijuana Testing Will Take Effect on May 10, 2020

We previously blogged about the law passed by the New York City Council on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana. Because the law was not signed or vetoed by Mayor de Blasio within 30 days of passage, it became law on May 10, 2019. The law provides … Continue Reading

New Mexico Amends Medical Marijuana Law To Provide Employment Protections

The New Mexico medical marijuana law has been amended to provide employment protections to employees and applicants. The amendments were signed into law by the governor on April 4, 2019. The law now provides that “unless a failure to do so would cause the employer to lose a monetary or licensing-related benefit under federal law … Continue Reading

New York City Will Ban Pre-Employment Marijuana Testing in 2020

The New York City Council passed a law on April 9, 2019 that will prohibit employers from conducting pre-employment drug testing for marijuana. The law is expected to be signed by the mayor and will take effect one year later. This law is the first of its kind in the United States. The new law … Continue Reading

DOT-Regulated Truck Driver’s Claims Dismissed Because He Could Not Prove “Shy Bladder” Condition

An employer lawfully terminated a commercial motor vehicle driver after the driver was unable to provide a sufficient amount of urine during a random drug test and could not prove that he had a medical condition that would have prevented him from providing the specimen. Beller v. Wal-Mart Transp., LLC, No. 17-cv-530, 2019 U.S. Dist. … Continue Reading

Federal Appeals Court Holds That Public School District May Drug Test Substitute Teacher Applicants

A federal appeals court has held that a public school district may drug test applicants for substitute teacher positions, concluding that such testing does not violate the Fourth Amendment’s prohibition against unreasonable searches and seizures.  Friedenberg v. School Bd. Of Palm Beach County, 9:17-cv-80221-RLR (11th Cir. Dec. 20, 2018). Joan Friedenberg applied for a position … Continue Reading

Delaware State Court Holds That Medical Marijuana User May Proceed With Lawsuit Against Employer

A Delaware state court has held that a medical marijuana user may proceed with a lawsuit against his former employer after his employment was terminated due to a positive drug test result for marijuana. Chance v. Kraft Heinz Foods Co., C.A. No. K18C-01-056 NEP (Del. Super. Ct. Dec. 17, 2018). Jeremiah Chance worked for Kraft … Continue Reading

Police Officer’s Disclosure of Adderall Prescription Insufficient to Support Disability Discrimination Claim

A police officer who disclosed his Adderall prescription to his supervisor was unable to state a claim for discrimination based on an actual or perceived disability under the Americans with Disabilities Act or Pennsylvania Human Rights Act. Jeannot v. Philadelphia Housing Authority, et al, Case No. 18-1977 (E.D. Pa. Oct. 2, 2018). The officer’s lawsuit … Continue Reading

Connecticut Court Holds That Refusing To Hire Medical Marijuana User Constitutes Employment Discrimination

A federal court in Connecticut has held that refusing to hire a medical marijuana user who tested positive on a pre-employment drug test violates the state’s medical marijuana law. The Court granted summary judgment to the applicant on her claim for employment discrimination but declined to award her attorneys’ fees or punitive damages. The Court … Continue Reading

New Jersey Law Does Not Require Employers To Accommodate Medical Marijuana Users By Waiving Drug Tests

A federal court in New Jersey has held that neither the New Jersey Compassionate Use Medical Marijuana Act (“NJCUMMA”) nor the New Jersey Law Against Discrimination (“NJLAD”) compels an employer to waive its requirements for employees to pass drug tests, even when those drug tests include testing for marijuana. Cotto v. Ardagh Glass Packing, CV-18-1037 … Continue Reading

New Jersey Mandates Drug Testing Of Direct Support Staff

All applicants and employees working in any New Jersey Department of Human Services (“DHS”) funded, licensed or regulated program serving adults with developmental disabilities are subject to mandatory drug testing, effective May 1, 2018. Under the Stephen Komninos’ Law, New Jersey Public Law 2017, Chapter 238, covered employers are required to administer pre-employment, random and … Continue Reading

Vermont Attorney General Publishes Guide to Marijuana in the Workplace

Vermont’s recreational marijuana law will take effect on July 1, 2018. (Click here for our previous blog summarizing this law and its impact on employers).  On June 14, 2018, the Vermont Office of the Attorney General published the Guide to Vermont’s Laws on Marijuana in the Workplace. The Guide provides employers with an overview of … Continue Reading

Maine Department of Labor Provides No Guidance Concerning the Impact of the State’s Recreational Marijuana Law on Workplace Drug Testing

Effective February 1, 2018, a provision in Maine’s recreational marijuana law impacts workplace drug testing. As we previously blogged here, the law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. On its face, this law effectively prevents Maine employers from testing for marijuana for pre-employment purposes, and … Continue Reading

Maine Recreational Marijuana Law Limits Workplace Drug Testing As Well As Disciplinary Consequences Imposed By Employers

A provision of Maine’s recreational marijuana law prohibits employers from taking adverse employment actions for off-premises marijuana use, as of February 1, 2018. This law effectively prevents Maine employers from testing for marijuana for pre-employment purposes.  The law also affects employers who employ employees subject to federal drug and alcohol testing regulations as well as … Continue Reading

PHMSA Raises Random Drug Testing Rate to 50% for 2018

The U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration announced December 8, 2017 that during calendar year 2018, the minimum random drug testing rate will be increased to 50%. Operators of gas, hazardous liquid, and carbon dioxide pipelines and operators of liquefied natural gas facilities must randomly select and test a percentage of … Continue Reading

U.S. Department of Transportation Publishes Guidance For Updating Drug and Alcohol Testing Policies

The drug testing panel utilized by the U.S. Department of Transportation’s operating agencies will change on January 1, 2018. (Click here to read our blog post on that change).  DOT published guidance on December 1, 2017 to assist employers with regard to updating their drug and alcohol testing policies.  The guidance states as follows: “The … Continue Reading

Quest Diagnostics Report Reveals That Prescription Drug Misuse Remains Widespread

A new Quest Diagnostics report released on September 6, 2017 reveals that over 50% of drug test results showed evidence of misuse of prescription drugs.  The report, entitled “Prescription Drug Misuse in America: Diagnostic Insights in the Growing Drug Epidemic,” examined 3.4 million prescription medication monitored lab tests performed by Quest between 2011 and 2016.  … Continue Reading

Federal Court Dismisses Employer’s Claims For Indemnification and Contribution Against Drug Testing Vendor After False Positive Drug Test Result

A federal court in South Dakota granted a motion to strike and a motion to dismiss filed by the Equal Employment Opportunity Commission (“EEOC”) and the laboratory that conducted drug tests for the Defendant employer, holding that the employer was not entitled to seek indemnification or contribution from the laboratory for damages based on a … Continue Reading

Casino Employee’s ADA Claims Dismissed Due to Current Drug Use

A federal court in Nevada dismissed a casino employee’s American with Disabilities Act (“ADA”) claims — even though he had been treated for substance abuse in the past — because he admitted to current drug use which is not protected under the ADA. Scott v. Harrah’s LLC, No. 2:17-cv-01066-APG-VCF (D. Nev. May 9, 2017). Donald … Continue Reading

Employer’s Refusal to Hire Medical Marijuana User Violates State Law, Rhode Island State Court Holds

Employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants, a Rhode Island state court has held under the state medical marijuana law. Callaghan v. Darlington Fabrics Corp., et al., No. PC-2014-5680 (R.I. Super. Ct., May 23, 2017). The … Continue Reading

Quest Diagnostics Annual Survey Shows Drug Test Positivity Rates Continue to Climb

According to the annual Quest Diagnostics Drug Testing Index published yesterday, illicit drug use among U.S. employees continues to rise, resulting in the highest drug test positivity rates in the last 12 years.  This nationwide survey of more than 10 million workforce drug test results revealed: Positive cocaine drug test results increased for a 4th … Continue Reading

Unreliable Anonymous Tip Could Not Form Basis Of Reasonable Suspicion Drug Test By Public Employer

A public employee established a Fourth Amendment violation by several individual supervisors of his former employer when they selected him for reasonable suspicion drug testing – and later discharged him — based on an unreliable anonymous tip. Greer v. McCormick, 2:14-cv-13596 (E.D. Mich. April 10, 2017). The Plaintiff, Ralph Greer, was a former employee of … Continue Reading

Reporting Reasonable Suspicion Tests To Third Parties When No Suspicion Existed May Give Rise to Defamation and Invasion of Privacy Claims in Louisiana

Requiring employees to submit to directly observed reasonable suspicion testing and falsely reporting to third parties that the employees were tested because of reasonable suspicion may give rise to claims for invasion of privacy and defamation, according to two recent decisions by the U.S. District Court for the Western District of Louisiana.  Cook v. Warrior Energy … Continue Reading
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