Meeting Archive:
Tips for Handling Workplace Substance Abuse under the ADA, Marijuana and Drug Testing

Meeting Description:

Tips for Handling Workplace Substance Abuse under the ADA, Marijuana and Drug Testing


Wednesday, September 12, 2018 at 1 PM ET


Presented by Jordan Schwartz and Dan Deacon


Substance abuse - of both legal and illegal drugs - can be an expensive problem for businesses.  There are several issues that employers may face due to drug addiction, including lost productivity, injuries, theft, absenteeism, and legal liability.  To ensure that employers are protecting their business, employers must ensure that they have a clear drug testing policy that is applied consistently.  In drafting this policy and enforcing it, employers must carefully navigate the Americans with Disabilities Act (ADA), the Occupational Safety and Health Act (OSHA), and applicable state discrimination laws to ensure that it does not face legal trouble.    


Although existing substance abuse is not protected by the ADA, it does protect recovering and recovered alcoholics and drug addicts from discrimination, which presents difficulties in enforcing a drug testing policy.  Employers must also be careful about what drugs it tests for, and when.  Additionally, pursuant to the anti-retaliation provisions in OSHA’s Electronic Injury and Illness Recordkeeping Rule, employers are not allowed to conduct blanket post-incident drug tests.  Finally, employers must take into consideration the issues raised by state discrimination laws, especially in light of the passage of state laws permitting medicinal use of marijuana – a substance that is still banned under the Controlled Substances Act.  This webinar will discuss the legal factors that employers must consider when drafting and enforcing drug testing and zero-tolerance policies, and how employers can simultaneously protect their business and respect their employee’s privacy.

Date: Wed, Sep 12, 2018
Time: 01:00 PM EDT
Duration: 1 hour
Host(s): Jordan B. Schwartz and Dan Deacon
 Presenter Information
Jordan Schwartz
Speaker Photo

Jordan B. Schwartz is a partner in Conn Maciel Carey’s national Labor • Employment Practice Group. He focuses his practice on representing employers in all aspects of the employment relationship. Mr. Schwartz works to create workplace solutions for his clients across all industries. He defends employers in litigation at both the federal and state levels, including matters related to ADA, FLSA, FMLA, Title VII, and affirmative action/OFCCP regulations. He advises clients regarding the protection of trade secrets and the misappropriation of confidential or proprietary information, both defending employers and pursuing enforcement against former employees. When relevant, Mr. Schwartz provides advice and counsel to unionized and non-unionized workplaces regarding the employer’s rights under the National Labor Relations Act.

Dan Deacon
Speaker Photo

Daniel C. Deacon is an Associate in the Washington, DC office of Conn Maciel Carey, working in both the Labor and Employment and OSHA • Workplace Safety Practice Groups.  Dan's practice focuses on all aspects of occupational safety & health law and labor and employment law.  He represents employers in inspections, investigations and enforcement actions involving OSHA and other state and local safety related agencies.