Medical and Recreational Marijuana
Hire Image : Employers have long held the belief (and rightly so) that drug testing employees, both pre-employment and during employment, is an important tool in maintaining a safe and productive workforce. This principle is especially true in high risk industries, such as healthcare or manufacturing. Multi-state employers already struggle with differing state laws governing when an employer can require an applicant or employee to submit to a drug or alcohol test. For example, is reasonable suspicion required? Is post-accident testing allowed? What testing methodology is permitted? Adding to these various state laws is the fact that, depending on the circumstances, an employee’s alcohol or substance abuse may implicate disability obligations under the Americans with Disabilities Act (“ADA”) and state discrimination laws, as well as rights under state or federal Family Medical Leave Act (“FMLA”) laws. A series of legal decisions limiting ...