Navigating the Legal Environment of Cannabis Law: Considerations for a Workplace Policy

American law governing cannabis usage continues to suffer from the lack of a uniform national standard, as regulation has largely been left to the lawmakers of individual states and localities. At a time when public acceptance of personal use is on a rapid rise, many employers find themselves with the task of complying with multiple conflicting laws, while still trying to meet management objectives. A viable and sustainable workplace cannabis policy must be crafted to comply with this complex legal environment, that balances priorities of safety and loss prevention with the need for staffing, positive employee morale, and a firm image

TOWARD EQUAL RIGHTS FOR LGBT EMPLOYEES: LEGAL AND MANAGERIAL IMPLICATIONS FOR EMPLOYERS

American lesbian, gay, bisexual, and transgender (LGBT) workers have made great strides toward equal employment rights, and the trend toward equal rights is clear. Still, 52% of LGBT workers can be denied employment or fired simply for being LGBT. This state of the law makes the U.S. lag behind many of its major trading partners, who have already established equal employment in their national laws. While there are a number of routes U.S. law may soon take to end LGBT employment discrimination, private firms, especially those with international operations, will need to determine the best course to take. Major U.S. employers are increasingly embracing equal employment rights for LGBT workers. This article will discuss the legal and managerial implications of this important issue and advocate for LGBT equal employment as the best practice for private U.S. firms

Browsers Beware: Avoiding Legal Entanglements on the Internet

When Chicago resident David Loundy ordered a compact disk on the Internet from a British Web site, he received an e-mail confirming his order. Loundy expected to pay the advertised price of £8.99, or about $14. When he was subsequently charged £12.99, Loundy was incensed. He argued that he had accepted the set price of £8.99 and insisted that he pay no more for the disk. But when Loundy filed suit in England under the Consumer Protection Act of 1987, he was told that the Act did not apply to him because, under English common law, the place of the offense is not where the ad originates, but where it is read

Using TIPS to Discount to Present Value

The practice of forensic economics has a long history of trying to identify the correct interest rate to use when valuing economic losses in personal injury and wrongful death cases. We trace the legal history as it relates to the appropriate interest rates and adjustments for inflation. We then discuss the use of Treasury Inflation Protected Securities, TIPS, and an analysis of the combined effect of realized inflation and taxes on the effective return. We come to the unexpected conclusion that the use of TIPS does not lend itself to a simple adjustment to the rate for taxes nor eliminate the need to consider expected inflation

Dealing with Harrassment in All of Its Forms

Workplace harassment in its many forms presents an increasingly serious challenge for employers, in terms of legal liability and its potential negative effect on employee behavior. This article reviews workplace harassment with attention to the affirmative defense that the Supreme Court has authorized and the factors the courts have considered in deciding whether the defense has been established. That analysis in turn is applied to a discussion of specific actions organizations might take to prevent harassment and create a more positive and effective organizational environment

Sexual Harassment Prevention After #MeToo: Employers\u27 Need to Reevaluate

The complex problem of workplace sexual harassment has now been put in sharper focus by the publicity of high-profile cases and the advent of the #MeToo movement, both of which have educated victims and motivated them to assert their civil rights. Employers can anticipate an increase in reported incidents and will need to reevaluate the sufficiency of their current anti-harassment policies, reporting procedures and support training to prevent sexual harassment. Employers \u27 should not stop there but should include efforts to create a culture of respect to prevent incidences of sexual harassment in the first place

Q: Since Marijuana Use Is Absolutely Prohibited Under Federal Law, Can An Employer Safely Fire An Employee Who Tests Positive For Cannabis? (A: Yes, No, Maybe, I Don\u27t Know. Can You Repeat The Question? 1)

Twenty-nine states and three US territories offer medical marijuana prescriptions for their citizens, with others considering such. Some of these states make it a violation to terminate an employee for medical marijuana use. Federal laws make any marijuana possession or use a crime, and in some instances, require a drug-free workplace. Should employers enforce drug screening rules, or relax their standards and permit employees with prescriptions for medical marijuana to test positive provided work product is not affected? And can relaxing these standards be presented as a benefit to both employees that use medical marijuana, and those who do not? Copyright North American Business Press 2017

The State of the Region: Hampton Roads 2012

This is Old Dominion University\u27s 13th annual State of the Region Report. While it represents the work of many people connected in various ways to the university, the report does not constitute an official viewpoint of Old Dominion or it\u27s president, John R. Broderick. The report maintains the goal of stimulating thought and discussion that ultimately will make Hampton Roads an even better place to live. We are proud of our region\u27s many successes, but realize that it is possible to improve our performance. In order to do so, we must have accurate information about where we are and a sound understanding of the policy options open to us.https://digitalcommons.odu.edu/economics_books/1006/thumbnail.jp

LGBTQ Equal Employment v. Religious Liberty Objections What Employers Should Accommodate

The Supreme Court’s decision in Bostock v Clayton County Georgia, (2020), held that America’s LGBTQ employees are within the protection of Title VII of the Civil Rights Act of 1964. However, there have been concerns that inclusion may burden religious liberties. Firm wide religious objection to equal employment of LGBTQ employees rest on very narrow grounds. When employees make religious objections, employers should be flexible, tolerant, and use good judgement in deciding whether and to what degree to accommodate them. Employers must protect equal employment opportunities and should strive to create a culture of inclusion and respect

Use of Criminal Records in Hiring Decisions: What Employers Should Do

American employers’ use of criminal records in the hiring process can cause discrimination against minority applicants due to the disproportionate rate of their prison incarceration and ex-offender status in the United States. The law increasingly requires employer assessment of individualized factors and deferred inquiry into criminal records in the hiring process in order to avoid discrimination and provide otherwise qualified ex-offenders with the chance at the best preventative to recidivism: a job. Employers should adopt EEOC best practices whenever criminal records are used in the hiring process and support better employment opportunities for ex-offenders as both a legal and ethical obligation