Michigan Court of Appeals Holds That Medical Marihuana Act Does Not Prohibit Employers from Rescinding Offers of Employment After Positive Tests

On February 19, 2019, the Michigan Court of Appeals held that an employer does not violate Section 4 of the Michigan Medical Marihuana Act (“MMMA”) when it rescinds a conditional offer of employment based upon a positive drug test. In Eplee v City of Lansing, unpublished opinion per curiam of the Court of Appeals, issued …

The Sixth Circuit Offers Employers Guidance on the Americans with Disabilities Act’s “Interactive Process”

On November 30, 2018, the United States Court of Appeals for the Sixth Circuit, in a published decision, offered guidance to employers regarding the Americans with Disabilities Act’s (“ADA”) “interactive process” and what conduct may render the employer liable under the ADA. In Brumley v. United Parcel Service, Inc., 909 F.3d 834 (6th Cir. 2018), …

Michigan Court of Appeals Offers Guidance to Employers in Documenting Reasons for Hiring, Promotions

On February 1, 2018, the Michigan Court of Appeals issued an opinion which offers employers guidance regarding ways to document the reasoning behind hiring, promotion, and termination decisions to overcome allegations of discriminatory intent. In O’Dell v. State of Michigan, unpublished opinion per curiam of the Court of Appeals, issued Feb. 1, 2018 (Docket No. …

To Institute Arbitration, Employers Must Make Employee Acceptance a Condition of Continued Employment

On December 15, 2017, the United States District Court for the Eastern District of Michigan issued an opinion reinforcing the principle that an employer may only institute arbitration as a dispute resolution mechanism for existing employees if the employer expressly informs the employee that continued employment is contingent upon the employee’s acceptance of the arbitration …