Compliance Stuff

A recent jury verdict reminds employers of their reasonable accommodation obligations for applicants under the Americans with Disabilities Act (ADA), in the context of drug testing. The U.S. Equal Employment Opportunity Commission (EEOC) sued a retirement community for denying employment to an applicant based on a failed drug test—one that the applicant warned the employer she would fail because of her medications. And, as the EEOC announced in a recent  press release , a jury awarded her over $400,000 in damages. Quick Hits A jury awarded more than $400,000 in damages to an applicant who was denied employment due to a failed drug test—one that the applicant, a veteran, informed the employer she might fail because of legally prescribed medications she took for PTSD . The EEOC successfully argued that the employer, a retirement community, violated the ADA by failing to allow the applicant to explain her non-negative drug test result . The verdict serves as a reminder for employers ...

In a decision issued on March 25, 2025, the Second Circuit Court of Appeals clarified the s cope of protections under the Americans with Disabilities Act (ADA) regarding workplace accommodations. The court’s ruling in  Tudor v. Whitehall Central School District  establishes that employees with disabilities may be entitled to reasonable accommodations, even if they can perform the essential functions of their jobs without them. Quick Hits In a decision on March 25, 2025, the Second Circuit Court of Appeals ruled that employees with disabilities may be entitled to reasonable accommodations under the ADA even if they can perform their jobs’ essential functions without them. The case involved a high school teacher with PTSD who was denied brief afternoon breaks, leading the Second Circuit to emphasize the ADA’s broader support for employee well-being and inclusion. The Second Circuit’s ruling clarifies that under the ADA, a “qualified individual” may be entitled to reasonable acco...