Developments in Regulating Workplace Drug and Alcohol Testing
An Iowa appellate court reversed an award of damages to an employee under the Americans with Disabilities Act (“ADA”) after the employee was discharged for refusing to submit to a post-accident drug test. Phillip M. Brown v. Mystique Casino, No. 3-723, 13-0012 (Iowa App. Oct. 2, 2013).
The employee had taken a number…
The Government’s Results from the 2012 National Survey on Drug Use and Health: Summary of National Findings and Detailed Tables, finds that 8.9 percent of full-time employees and 12.5 percent of part-time employees, 18 years of age and older, are current illicit drug users, while 18.1 percent of unemployed adults in that age group…
A federal court in Denver has held that an employee who was fired after testing positive for marijuana was not protected by the state’s anti-discrimination laws, even though Colorado has legalized the use of medical marijuana. (Curry v. MillerCoors, Inc., 12-cv-02471 (JLK) (D. Colo. 2013)).
MillerCoors terminated Paul Curry after he tested positive…
On August 1, 2013, Illinois Governor Pat Quinn signed the Compassionate Use of Medical Cannabis Pilot Program Act, making Illinois the 20th state to legalize medical marijuana. The law provides for a four year pilot program allowing individuals with certain medical conditions – including cancer and multiple sclerosis – access to medical marijuana,…
The Centers for Disease Control and Prevention (“CDC”) has published a new survey showing that prescription painkiller overdoses have increased sharply among women since 1999. Specifically, the CDC found that deaths from prescription painkiller overdoses among women have increased more than 400% since 1999, compared to 265% among men. This rise relates to the increased…
New Hampshire’s legislature has set the stage for the Granite State to become the 19th State to legalize medical marijuana. On June 26, 2013, the legislature approved HB 573, also known as “Use of Cannabis for Therapeutic Purposes.” The statute allows patients diagnosed with certain qualifying conditions (including cancer, multiple sclerosis, Chrohn’s disease,…
