Last Monday, former Wal-Mart manager Kathryn Silva filed an ADA disability bias claim in the Middle District of Pennsylvania that alleged Wal-Mart terminated her because she refused to sign a “last chance agreement.” The agreement required her to admit to substance abuse, undergo regular drug screening, and enroll in a substance abuse program. At the time, Silva was purportedly afflicted with several conditions, including arthritis, sciatica, scoliosis, anxiety, and high blood pressure.
Published: November 6, 2017
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Published: August 18, 2017
The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who uses marijuana for medical purposes. This is the second court decision finding that an individual may pursue a claim when adverse action is taken by the employer for a positive marijuana drug test when the individual is a medical marijuana user (we discussed the first court decision
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Published: September 6, 2016
Ohio’s Medical Marijuana Law takes effect September 6, 2016, meaning that patients with qualifying medical conditions will be able to lawfully purchase and use medical marijuana without government recourse (that is, at least by the State of Ohio, since any form of marijuana use remains prohibited by the federal government). (H.B. 523) With the new law, Ohio joins about half of the other U.S.