Pre-Employment Medical Examinations

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, legalizing recreational marijuana use. However, the California Bureau of Cannabis Control only began accepting, processing, and issuing licenses to commercial marijuana dispensaries as of January 1, 2018. As of April 2018, the Bureau has granted over 5,000 licenses for a variety of commercial uses, including retail sales and distribution.
Continue Reading It’s High Time to Update Your Marijuana Policies

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 7% of employees are individuals with disabilities. The public comment period for this proposal has just closed, and the OFCCP is now in the process of reviewing respondents’ reactions.Continue Reading OFCCP May Impose Explicit Goals for Federal Contractors’ Hiring of Individuals with Disabilities

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 to privacy guaranteed by the California Constitution. The case is significant because it emphasizes the importance of ensuring that pre-employment medical examinations are conducted at the very last stage of the hiring process.
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