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A Sign that Companies Nation-wide May Have to Consider a Ban on Pre- and Post-Employment Marijuana Drug Testing

A Sign that Companies Nation-wide May Have to Consider a Ban on Pre- and Post-Employment Marijuana Drug Testing

by worksaver-admin | Mar 23, 2019 | Corporate Compliance

Recently, New York law makers announced they are considering a ban on pre-employment tests for marijuana. Effectively, this would prevent employers from testing prospective employees for marijuana usage during the hiring process. This approach comes as the United...
Potential Congressional Change Affecting Older Workers and Discrimination

Potential Congressional Change Affecting Older Workers and Discrimination

by worksaver-admin | Mar 23, 2019 | Corporate Compliance

On February 14, 2019, a bipartisan group of lawmakers in the Senate and House reintroduced the Protecting Older Workers Against Discrimination Act. This bill can result in reversing a decision made by the U.S. Supreme Court in 2009 by amending the Age Discrimination...
Simple Leave of Absence Situation Leads to an Employee Discrimination Claim in California

Simple Leave of Absence Situation Leads to an Employee Discrimination Claim in California

by worksaver-admin | Mar 23, 2019 | Corporate Compliance

A federal jury sided with Chipotle Mexican Grill last in a case involving disability discrimination claims by former assistant store manager, Lucia Cortez. Ms. Cortez alleged she suffered a miscarriage at work after years of trying to get pregnant, fell into a...
Using Fitness for Duty Testing as Part of an Interactive Accommodation Review

Using Fitness for Duty Testing as Part of an Interactive Accommodation Review

by worksaver-admin | Mar 23, 2019 | ADA

Under the Americans with Disabilities Act (ADA), the purpose of the interactive accommodation review (IAR) process is to “identify the precise limitations resulting from the disability and potential reasonable accommodations that could overcome those limitations.” In...
Reassignment: The Often-Overlooked Accommodation of Last Resort

Reassignment: The Often-Overlooked Accommodation of Last Resort

by worksaver-admin | Mar 23, 2019 | ADA

What happens when, at the end of a good faith interactive dialogue and despite the parties’ best efforts, there is apparently no reasonable accommodation that will enable the employee to perform the essential functions of their job? Can the employer safely terminate,...
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