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Drug testing and the ADA

Drug testing is a tool commonly used by employers to ensure employees are not illegally using controlled substances at the workplace. But that tool does not come without legal risk. A recent decision by the U.S. Eleventh Circuit Court of Appeals brings to light an interesting intersection between drug testing and the Americans with Disabilities Act (ADA). The case—and its implications—are discussed in detail below.

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HR mistakes just got more expensive

As anyone involved in litigation will tell you, violations of labor laws have never been cheap. But they are now more expensive than ever. The U.S. Department of Labor (DOL) recently increased penalties for a variety of violations, which became effective on January 2, 2018.

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Sexual harassment litigation is expensive

As the latest news cycle reminds us, sexual harassment continues to plague American workplaces. In addition to affecting leadership confidence, employee morale, and public opinion, claims of sexual harassment carry with them another negative: Litigating sexual harassment claims is expensive.

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Sexual-orientation discrimination has reached the U.S. Supreme Court

Update on Evans: On December 11, 2017, the U.S. Supreme Court denied a writ of certiorari in this case. Because the denial means that the Supreme Court has affirmed the Eleventh Circuit’s decision, sexual orientation discrimination is not recognized in the Eleventh Circuit (Alabama, Florida, and Georgia).

Earlier this year, I predicted the issue of sexual-orientation discrimination was headed all the way to the United States Supreme Court. On September 7, 2017, the issue did, in fact, reach the Supreme Court when the Lambda Legal Defense and Education Fund filed a petition for a writ of certiorari on behalf of Jameka Evans. Ms. Evans had sued her employer for allegedly firing her for being a lesbian.

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Sexual orientation discrimination may be headed to U.S. Supreme Court

Odd, bizarre, contradictory, based on gossamer-thin distinctions—all these words have been used to describe the state of the law about employment discrimination based on sexual orientation.

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Copyright

© 2017

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