Date and Time: 11/6/2019 at 1 pm eastern
Program Run Time: 90 minutes including Q & A session
Program Leader: Dr. Jim Castagnera, Attorney at Law
Webinar only: $299
Download only: $299
Webinar + Download: $349
CD + Download: $349
Who Should Attend: HR, Benefits, Finance, HR Managers, etc.
Employers are confused. In the face of growing medical and recreational use of cannabis and opioids, HR and their employers are asking if ADA requirements to accommodate trump changing statutory requirements. Numerous localities have decriminalized cannabis, and a small handful of jurisdictiosns forbid employment discrimination based on its legalized use, while thirty-four states now have legalized medical marijuana. in addition nearly a dozen states have or soon will legalize cannabis for recreational purposes
Marijuana remains illegal under the federal Controlled Substances Act. The Drug Free Workplace Act applies to all employers receiving federal grants and contracts, and makes no exception for cannabis. The federal courts overwhelmingly have held that the Americans with Disabilities Act trumps neither of these fundamental federal anti-drug statutes.
And as for opioids, neither does the ADA protect active addicts from workplace discipline. A March 2019 survey by the National Safety Council found that 75% of all American employers say their businesses have been adversely impacted by the opioid crisis.
Bottom line: the employer’s right to resist the intrusion of cannabis and opioids remains intact. The trick is knowing how to exercise this right while navigating the muddied waters of state and local laws.
The fundamentals of the federal statutory and regulatory landscape, including the latest policy pronouncements from the DOJ, the EEOC, and other relevant federal agencies
The latest court opinions relating to cannabis in the workplace, especially as they pertain to the ADA
How to reconcile the recovering opioid addict’s ADA rights with the employer’s right to terminate the active user
Where testing stands in the battle between federal and state law
Best practices in training and workforce education about the dangers of opioid addiction
The common characteristics of the three major state/municipal approaches to legalizing cannabis: recreational legalization – medical legalization – decriminalization
The jurisdictions that protect employees from disciplinary action based on cannabis use, forbid or limit testing for cannabis use, or seek to impose reasonable accommodation requirements
And even more!
Your program leader is Dr. Jim Castagnera, Esq. Jim is a sought afer speaker and teacher, successful author, and accomplished consultant who assists his clients in meeting their current HR compliance challenges with clear and practical solutions. He holds a JD and a PhD from Case Western Reserve University. Following ten years as an employment and labor lawyer with a major Philadelphia law firm, he served for 23 years as in-house legal counsel at Rider University. With 20 published books, mostly on HR-law topics, he teaches HR Compliance in Drexel University’s Kline School of Law and is president of his own consulting company.