Archives: Drug Tests

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EEOC Issues Guidance on Opioid Addiction in Employment

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. Use and Misuse … Continue Reading

New York City Commission on Human Rights Issues Final Rule Regarding Exceptions to Ban on Pre-Employment Marijuana Tests

As discussed in our previous blog post, effective May 10, 2020, covered New York City employers are not permitted to test job candidates for marijuana or tetrahydrocannabinols (THC) as a condition of employment. The law, however, contains exceptions to this general prohibition on preemployment testing and an employer may require testing for job applicants applying … Continue Reading

FMCSA Extends Waiver Period For Certain Pre-Employment Drug Tests From 30 to 90 Days

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (“FMCSA”) announced on June 5, 2020 an extension of the waiver period that is available when a commercial motor vehicle driver has been out of the random testing pool for 30 days or more and then returns to work. Ordinarily, an absence of 30 days … Continue Reading

Rhode Island Court Upholds “Reasonable Grounds” Drug Testing Even Where There Is Another Possible Explanation For Employee’s Behaviors

The Rhode Island Supreme Court affirmed the dismissal of a lawsuit against an employer who terminated an employee for refusing to submit to a reasonable suspicion drug test, even though the employee’s odd behaviors could have been attributable to pain or other things. Colpitts v. W.B. Mason Co., Inc., No. 2018-337-Appeal (R.I. May 29, 2020). … Continue Reading

Pennsylvania Court Allows Unemployment Benefits For CBD User

A Pennsylvania court affirmed an order of the Unemployment Compensation Board of Review holding a claimant to be eligible for unemployment benefits after her employer terminated her employment for testing positive for marijuana. Washington Health System v. Unemployment Compensation Board of Review, No. 886 C.D. 2019 (May 11, 2020). The Claimant was employed as a … Continue Reading

New York City Human Rights Law Ban On Pre-Employment Marijuana Testing Takes Effect

The New York City Commission on Human Rights issued a written reminder on May 8, 2020 that the law prohibiting pre-employment marijuana testing is effective on May 10, 2020.   In addition, the Commission stated that it is finalizing rules that will expand the list of exceptions to the law.  The Commission’s statement provided: As of … Continue Reading

New York Employers: Engage In The Interactive Dialogue With Medical Marijuana Users

A New York state court denied summary judgment to an employer that terminated an employee for testing positive for marijuana, when the employee obtained a medical marijuana certification prior to the termination decision. Gordon v. Consolidated Edison, Inc., Index No. 152944/2019 (Sup. Ct. NY County Apr. 21, 2020). Kathleen Gordon was subjected to a random … Continue Reading

New York City Commission On Human Rights Proposes Exceptions To Prohibitions On Pre-Employment Marijuana Testing

The New York City Commission on Human Rights announced a notice of public hearing and opportunity to comment on a proposed rule providing exceptions to the prohibition on pre-employment marijuana testing that will take effect in the City on May 10, 2020.   Comments on the proposed rule may be submitted in writing by April 16, … Continue Reading

New Jersey Medical Marijuana User May Proceed With Discrimination Claim

The New Jersey Supreme Court affirmed an appellate court ruling allowing a medical marijuana user to proceed with his disability discrimination claim under the New Jersey Law Against Discrimination (“LAD”).  Wild v. Carriage Funeral Holdings, Inc., No. 082836 (Mar. 10, 2020). The plaintiff, a cancer patient and lawful user of medical marijuana, was involved in … Continue Reading

U.S. DOT Issues Warning Regarding Use Of CBD Products By DOT-Regulated Employees

The U.S. Department of Transportation Office of Drug and Alcohol Policy Compliance published a notice on February 18, 2020 concerning the use of hemp and cannabidiol (CBD) products by safety-sensitive employees regulated by DOT’s agencies (including the Federal Aviation Administration, the Federal Motor Carrier Safety Administration, the Federal Transit Administration, the Federal Railroad Administration, and … Continue Reading

Employer’s Request to Count Employee’s Prescription Medication Sufficient to Support Invasion of Privacy Claim

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. Effinger v. Birmingham-Jefferson County Transit Authority, Case no. 2:19-cv-00766-KOB (N.D. Al. Jan. 23, 2020). The plaintiff was a former … Continue Reading

Pennsylvania Court Holds Employees May Sue Under Medical Marijuana Act

A Pennsylvania state court held that the state’s Medical Marijuana Act creates a private right of action for medical marijuana users to sue their employers. Pamela Palmiter v. Commonwealth Health Systems, Inc., Civ. Action No. 19 CV 1315 (Pa. Ct. C.P. Lackawanna County, Nov. 22, 2019). The employee, Pamela Palmiter, was employed as a medical … Continue Reading

FMCSA Raises Random Drug Testing Rate to 50% For 2020

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration announced on December 27, 2019 that beginning on January 1, 2020, the minimum annual percentage rate for random drug testing is 50% of the average number of driver positions. The minimum annual percentage rate for random alcohol testing will remain at 10%. FMCSA-regulated employers also … Continue Reading

Illinois Legislature Clarifies Cannabis Act to Protect Employers Engaged in Workplace Marijuana Testing

Marijuana will become legal recreationally in the State of Illinois on January 1, 2020. The Cannabis Regulation and Tax Act, enacted last June, raised questions on the scope of marijuana drug testing that may be conducted by employers. On December 4, 2019, Governor J.B. Pritzker signed amendments to clarify workplace drug testing and other issues, … Continue Reading

U.S. Department of Health and Human Services Publishes Standards For Oral Fluid Drug Testing

The U.S. Department of Health and Human Services (DHHS) published scientific and technical guidelines for oral fluid drug testing in federal workplace drug testing programs in the Federal Register on October 25, 2019. The Mandatory Guidelines for Federal Workplace Drug Testing Programs Using Oral Fluid (OFMG) allows federal executive branch agencies to collect and test … Continue Reading

Oklahoma Court Holds That Positive Marijuana Drug Test Did Not Prove That Marijuana Caused Accident

An Oklahoma state court held that a positive post-accident drug test for marijuana did not prove that marijuana use caused the accident, and therefore the claimant was eligible for workers’ compensation benefits. Rose v. Berry Plastics Corp. et al., 2019 OK Civ. App. 55 (Ok. Civ. Ct. App. Oct. 16, 2019). Claimant Dillon Rose’s left … Continue Reading

Federal Appeals Court Holds Test For Illegal Drugs Is Not An Impermissible Medical Examination, Even If Test May Reveal Lawful Drug Use

A federal appeals court upheld the termination of an employee who tested positive for amphetamines on a random drug test – despite his claim that the result was due to over-the-counter drug use – and rejected his arguments that the random drug test was an impermissible medical examination and that the Medical Review Officer’s questions … Continue Reading

New Jersey’s Amended Medical Marijuana Law Provides Job Protections And Includes Drug Testing Procedures

New Jersey Governor Phil Murphy signed into law on July 2, 2019 the Jake Honig Compassionate Use Medical Cannabis Act (“CUMCA”) to expand patient access to medical marijuana and to reform the State’s medical marijuana program. The law amends the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:61-2 et seq., (and changes its name … Continue Reading

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
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