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 In Eplee v City of Lansing, unpublished opinion per curiam of the Court of Appeals, issued …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), …
United States Supreme Court Declines Review of Seventh Circuit ADA Leave Decision
This month the United States Supreme Court declined to review the Seventh Circuit Court of Appeals’ decision in Severson v. Heartland Woodcraft, Inc. The Plaintiff asked the Supreme Court to consider whether there is a per se rule that a finite leave of absence of more than one month (after the employee had exhausted his …
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Is Your Organization Taking the Correct Steps to Prevent and Defend Against Harassment Claims? Recent EEOC Guidance Suggests Best Practices
In the wake of the #MeToo movement, most employers have become more acutely aware of the risks involved in failing to effectively prevent and respond to claims of workplace harassment. This renewed awareness should cause all employers, large and small, to evaluate their policies, processes and practices in place to prevent harassment and to respond …
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 In O’Dell v. State of Michigan, unpublished opinion per curiam of the Court of Appeals, issued Feb. 1, 2018 (Docket No. …
The 2nd Circuit Court of Appeals’ Recent Decision Reveals That the Interpretation of Title VII and its Application to Sexual Orientation Discrimination Claims Continues to Evolve
In a 10-3 decision, the 2nd Circuit Court of Appeals recently ruled that Title VII of the Civil Rights Act of 1964 (Title VII) covers claims of sexual orientation discrimination. In Zarde v. Altitude Express, the plaintiff sued his former employer, Altitude Express, under Title VII and New York law, alleging that he was terminated …
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 …