I’ve blogged (here) that grilling a medical marijuana user about her disability, just before firing the employee, could give rise to a viable disability-discrimination claim. In other words, where the disability (as opposed to the medical marijuana use) motivates the employment action, that’s discrimination. I’ve blogged before (here) that the Americans with…
An alcoholic employee can present a number of tricky legal issues affecting the workplace. Under the Americans with Disabilities Act, there’s a certain dichotomy. That is, alcoholism is a disability under the Act. However, an employer can ban alcohol in the workplace and require that employees not be under the…
Ok. Let’s assume that I’m looking to fill another Blogprentice position here at the Bloggerdome. [FYI – The Blogprentice’s job is to massage my scalp during those brief periods of writer’s block or when I get the vapors, rub my feet at all other times, plus whatever tasks, reasonable or…
After the jump, what employers can learn from a possibly botched drug test and the failure to hire a Rastafarian (Or an excuse for me to make gratuitous True Romance references). * * * Many employers drug test job applicants. Floyd (played by a young Brad Pitt), once motivated…
Today, we have a guest blogger at The Employer Handbook. It’s Melissa Kluska. Melissa currently writes for St. Jude Retreats, a non 12 step alternative to traditional alcohol and drug rehab. As well as writing for St. Jude’s, Melissa enjoys blogging about health and relationships. (Want to guest blog on…
Ordinarily, I’m reluctant to recommend online modules that help HR professionals create workplace policies. Like the one I used to create a Borat Workplace Dress Code. Maybe it was the alcohol talking, but I was certain that the one-piece, over-the-shoulder, male swimsuits wouldn’t create a donning and doffing FLSA issue.…
According to a federal appellate court from California, a state that has embraced marijuana as an effective treatment for individuals who face debilitating pain, an employer may discriminate against an employee because of the employee’s use of marijuana. This holds true whether the marijuana use is recreational or medicinal, because the…
Stop me if you’ve heard this one before: Job candidate is told that any job offer is contingent upon passing a drug test. On d-day, job candidate bolts from the drug-testing facility, claiming that he has trouble in confined spaces. No drug test means that job candidate is disqualified from…
“I know you don’t smoke weed, I know this; but I’m gonna get you high today, ’cause it’s Friday; you ain’t got no job… and you ain’t got sh*t to do.” – Smokey from Friday (1995). Back in 1995, when Smokey was trying to convince his buddy Craig…