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.
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.
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.
Update on Bostock and Zarda: On June 15, 2020, the U.S. Supreme Court issued a decision involving the Bostick, Zarda, and Harris Funeral Homes cases. The court held that an employer who fires a person merely for being gay or transgender violates Title VII. The Harris Funeral Homes is discussed in another blog post.