Management Update

Volume 12, Issue 8

Weeding Out: Unemployment and Workers' Compensation Benefits for Medical Marijuana Users Amid Fiery Legislation

By: Kayla M. Jacob

Louisiana employees using medical marijuana do so at their own risk, as it may impact their eligibility to receive workers' compensation in the event of a workplace injury and disqualify them from unemployment benefits.

During the 2023 Legislative Session, Louisiana House Bill 351 was introduced to ensure employees' protection from disqualification from unemployment benefits or ineligibility to file a workers' compensation claim solely based on their use of medical marijuana as recommended by an authorized clinician. Essentially, the Bill aimed to ensure that employees could use medical marijuana without jeopardizing their essential benefits in times of unemployment or workplace injuries.

The Bill encountered challenges during its review by the Committee on Labor and Industrial Relations. After hearing concerns about how the Bill might impact incidents where an employee shows up to work intoxicated, the Committee amended the Bill, removing its reference to workers' compensation protections. Despite a narrow passage in the Committee with a 6-5 vote in favor of the amended version, the Bill faced further setbacks and was eventually returned to the calendar in the House.

Thus, at least for now, this budding legislation is on a high-atus, and employees using medical marijuana risk their eligibility for workers’ compensation and unemployment benefits.

How to Respond to the Supreme Court’s Ruling Making It More Difficult to Refuse a Religious Accommodation Request

By: Jerry L. "Jay" Stovall, Jr.

In early July the United States Supreme Court held that Title VII requires an employer to show that “the burden of granting an accommodation would result in substantial increased costs in relation to the conduct of its particular business.” in order to deny a religious accommodation request. Groff v. DeJoy.

This new standard is a much higher bar than the old de minimis cost standard that it replaces. Specifically, the Supreme Court held that showing “more than a de minimis cost” does not suffice to establish “undue hardship” as required under Title VII.

This ruling is in line with the EEOC’s stated position that temporary costs, voluntary shift swapping, occasional shift swapping, or administrative costs will probably not be sufficient to constitute an undue hardship sufficient to deny the religious accommodation.

Employers should consider taking steps in response to this new standard.

Train managers and HR staff how to respond to religious accommodation requests in light of the new standard.
Revise your accommodation policies, practices, and documents.
Contact your legal counsel before you deny a request for a religious accommodation.
Start a system of tracking religious accommodations, especially if you have more than one worksite. (This is a good idea for all types of requests for accommodation. It will help ensure consistency.)
Prepare to address co-workers who may be inconvenienced by the accommodation, stressing the need to comply with the law and to respect their co-workers’ beliefs.

OSHA Launches National Emphasis Program

On July 13, 2023, OSHA launched a National Emphasis Program (NEP) aimed at reducing and preventing workplace hazards in warehouses, processing facilities, distribution centers, and high-risk retail establishments like hardware stores and supermarkets. The NEP will focus on comprehensive safety inspections for various hazards, including those related to powered industrial trucks, material handling/storage, walking-working surfaces, means of egress, fire protection, heat, and ergonomics. OSHA Area Offices will target establishments with specific NAICS codes, and inspections will be conducted using neutral and objective criteria. Employers in the regulated community should review and reinforce their safety policies and training programs to comply with the NEP's targeted safety and health regulations.