Many hospitals and healthcare facilities are federal contractors. Jackson Lewis regularly provides specialized assistance in developing and implementing affirmative action plans (AAPs). Some of the specific services we offer include: Identifying pertinent labor market areas and analyzing census-related statistical data Providing sample plan texts, notices, letters and policy statements Preparing utilization and availability analyses Conducting...… Continue Reading
As #MeToo and #TimesUp initiatives sweep the nation, the healthcare industry should pay attention. Recent nationwide media attention on sexual harassment in healthcare, coupled with stressful work environments, means healthcare employers have their share of workplace issues. However, healthcare employers have a unique opportunity to make meaningful culture change happen now – both in the...… Continue Reading
A federal district court in the Southern District of New York rejected a constitutional challenge to marijuana’s classification as a Schedule I drug under the federal Controlled Substances Act (“CSA”). Washington, et al. v. Jefferson Beauregard Sessions, III, et. al., 17 Civ. 5625 (AKH) (S.D.N.Y. Feb. 26, 2018). Plaintiffs consisted of a group of individual...… Continue Reading
The New Year is prime time to take a look at your Code of Conduct and compliance policies both to consider whether you are up to date on all applicable requirements, but also so that you are fluent in your own processes and prepared to take prompt and compliant action when issues arise. Those policies...… Continue Reading
The New York Court of Appeals ruled that the New York City Human Rights Law (“NYCHRL”) does not permit a claim of disability discrimination based solely on a perception of untreated alcoholism. To sustain a claim, an individual must actually be a recovered (or recovering) alcoholic and no longer abusing alcohol. Makinen v. City of New York, 2017 NY Slip Op.
A new Quest Diagnostics report released on September 6, 2017 reveals that over 50% of drug test results showed evidence of misuse of prescription drugs. The report, entitled “Prescription Drug Misuse in America: Diagnostic Insights in the Growing Drug Epidemic,” examined 3.4 million prescription medication monitored lab tests performed by Quest between 2011 and 2016. ...… Continue Reading
An employee fired after she tested positive for marijuana on a test administered in the hiring process should be able to proceed with her “handicap discrimination” claim under Massachusetts’ anti-discrimination statute, the Massachusetts Supreme Judicial Court has ruled. Barbuto v. Advantage Sales & Marketing, LLC, SJC -12226 (July 17, 2017). The Court’s ruling partially overturned...… Continue Reading
Employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants, a Rhode Island state court has held under the state medical marijuana law. Callaghan v. Darlington Fabrics Corp., et al., No. PC-2014-5680 (R.I. Super. Ct., May 23, 2017). The...… Continue Reading
New York’s highest court, the New York Court of Appeals, has been asked to decide the question of whether the New York City Human Rights Law permits a claim of disability discrimination based solely on a perception of untreated alcoholism. Makinen v. City of New York, et. al., Docket Nos. 16-973-cv(L), 16-1080-cv (XAP) (2d Cir.,...… Continue Reading
According to the annual Quest Diagnostics Drug Testing Index published yesterday, illicit drug use among U.S. employees continues to rise, resulting in the highest drug test positivity rates in the last 12 years. This nationwide survey of more than 10 million workforce drug test results revealed: Positive cocaine drug test results increased for a 4th...… Continue Reading
