Is Your Workplace Prepared for Legal Marijuana?

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Christina Barbuto has Crohn’s disease, a debilitating gastrointestinal disorder. Her physician prescribed medical marijuana to treat the symptoms, as allowed by Massachusetts state law. When she interviewed for a job that required a drug test, she informed her would-be supervisor of her condition and prescription. The supervisor assured her that this would not be a problem, and she got the job. But, after her first day of work, a representative of her employer’s human resources department called her at home and fired her for failing the drug test. She sued the company for discrimination, and in July 2017 the Massachusetts…
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Pot’s Legal. What Does It Mean for Your Business’s Anti-drug Policies

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Now that Californians have overwhelmingly voted to legalize the recreational use of marijuana, many employers may be wondering where they stand if they want a drug-free workplace. Fortunately, Proposition 64 included a number of safeguards for employers, allowing them to have anti-drug workplace rules in place. In fact, these safeguards were built into the initiative to the point that the California Chamber of Commerce took a neutral stance on the measure. Prop. 64 would allow Californians who are 21 and older to possess, transport, buy and use up to an ounce of cannabis for recreational purposes, and allow individuals to…
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Telecommuting Not Required for ADA ‘Accommodation’

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A federal appeals court recently ruled that telecommuting is a reasonable accommodation for disabled workers, but employers do not have to honor such requests if they have business or strategic reasons for not permitting such arrangements. The April 2015 decision by the U.S. Sixth Circuit Court of Appeals in the EEOC v. Ford Motor Co. is an excellent illustration of how employers can deal with requests for telecommuting as part of your obligation to accommodate disabled workers. If you are amenable to telecommuting and an employee requests it, you have an easy situation, but if you do not want employees…
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