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Drug & Alcohol Testing

Drug & Alcohol Testing

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Drinking and Driving Out Workers

October 2, 2014
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The ADA protects “alcoholism” as a disability, but there is a difference between alcoholism and being drunk at work, which the ADA absolutely does not protect.
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Painkiller Addiction: An ‘Equal Opportunity Destroyer’

September 29, 2014
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An injured worker with a painkiller addiction not only represents a health and safety concern for that individual, but also presents potential liabilities for the employer.
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Don't Try to Regulate Employee Off-Duty Alcohol Consumption

September 23, 2014
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Test randomly and test for cause. There is no need to regulate employees’ off-duty lives by requiring abstinence.
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The ADA and Employer Inquiries About Prescription Drugs

August 28, 2014
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Surprisingly, the ADA is silent on these issues. But the 6th Circuit federal court attempted to give us some answers.
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The Difference Between Alcoholism and Drunk Under the ADA

August 25, 2014
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The ADA is never going to cover any employee who uses substances at work, let alone one who’s in an altered state a result.
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The Hazy Issue of Marijuana in the Workplace

June 30, 2014
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Even with legalized pot laws on the books in 20 states, it’s still unclear how medical and recreational marijuana fits into workplace drug and alcohol policies.
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Has Workplace Drug Testing Gone to Pot With Legalized Marijuana?

April 9, 2014
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Until the courts sort these issues out, prudent employers should tread carefully and consult with their employment counsel before disciplining or firing any employees who are using legally prescribed marijuana away from work.
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Medical Marijuana and the Americans With Disabilities Act

December 9, 2013
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The handling of employees taking legal prescription medications is highly fact sensitive and legally nuanced.
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Pot Laws Facing High Court Scrutiny?

December 18, 2012
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Nothing is on the U.S. Supreme Court docket yet but with recent passage of liberal marijuana-use laws, a case could fire up justices.
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Headed to Work in Washington State? Don't Fire Up That Bong Just Yet …

December 14, 2012
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Despite voter approval liberalizing pot laws in two states, state marijuana laws haven't taken away an employer's right to maintain a drug-free workplace, especially as mandated by the Drug-Free Workplace Act of 1988 for companies with federal grants or contracts.
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