Category Archives: Pre-Employment Medical Examinations

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It’s High Time to Update Your Marijuana Policies

The legalization of recreational use of marijuana in several states, including California, has left many employment policies vague and confused. This article offers insights to questions every employer should be asking in light of legalization. California’s Rollout of Legal Marijuana California voters passed the Adult Use of Marijuana Act (“Prop 64”) on November 8, 2016, … Continue Reading

OFCCP May Impose Explicit Goals for Federal Contractors’ Hiring of Individuals with Disabilities

By Evgenia Fkiaras Following a trend by the Federal government to liberalize anti-discrimination laws in favor of employees, the Department of Labor Office of Federal Contract Compliance Programs (“OFCCP”) has proposed regulations that would require employers who wish to keep their contracts (and subcontracts) with the Federal government to attempt to maintain a workforce where … Continue Reading

Timing Can Be Everything: Court Holds That Applicants May Set Forth a Claim Based Upon the Timing of a Pre-Employment Medical Examination

In Leonel v. American Airlines, the United States Court of Appeals for the Ninth Circuit held that American Airlines’ pre-employment medical test may have violated the Americans With Disabilities Act (“ADA”) and the California Fair Employment and Housing Act (“FEHA”). The Court also held that American Airlines’ testing of blood samples may violate the right … Continue Reading
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