Haze Lifting on Employer's Rights and Medical Marijuana

The fast expansion of the medical marijuana movement has brought with it growing confusion on the line between a workers' rights to take advantage of the rights afforded by these state statutes and an employer's right to enforce its anti-drug policies. Last week, a New Mexico District Court decision added to the recent list of decisions to tackle this issue and, in doing so, came down on the side of the employer. More ›

Being on time to work may be Essential Function of Position

A city case manager had schizophrenia but was taking medication on a calibrated schedule. The employer had a flex-time policy which allowed employees to arrive at work anytime within a one hour window in the morning. If an employee was late, the supervisor had to approve or disprove the tardiness. The employee often could not get to work within that window of time due to his medication, and for roughly ten years, the employer excused such tardiness and allowed him to arrive later. Subsequently, however, the supervisor ceased approving the late arrivals. The employee repeatedly requested that he be permitted to arrive later so that he would not be disciplined for tardiness, but his supervisor would not allow it. His doctor recommended that his medication schedule not be altered at that time, which made it difficult for him to arrive earlier. The supervisor then recommended disciplinary action against the employee for his long history of tardiness, and at a grievance hearing, the City recommended his termination. The union representative argued that the employee’s mitigating circumstances (the disability) should be considered. The employee then made formal requests for accommodation to arrive at work later, and a higher-level supervisor denied the request without talking to the employee. He was then suspended for 30 days without pay as a sanction for his tardiness.  More ›