co-authored by Roger G. Trim, a shareholder in the Denver office of Ogletree Deakins

As of January 2013, 18 states and the District of Columbia have laws on the books legalizing the use of medical marijuana. A number of additional states have gone even further by passing laws decriminalizing or eliminating jail time for possession of small amounts of marijuana, regardless of whether the marijuana was for medical use. Finally, two states — Colorado and Washington — passed laws on November 6, 2012, affirmatively legalizing the recreational use of marijuana. Many employers are concerned about what these marijuana laws mean for them and whether they need to make any changes to their drug policies in light of recent developments. keep reading…

On April 25, the U.S. Equal Employment Opportunity Commission issued an updated Enforcement Guidance on employer use of arrest and conviction records in employment decisions under Title VII of the Civil Rights Act of 1964, as amended. The Guidance summarizes the EEOC’s long-held position that employers’ reliance on arrest and conviction records may have a disparate impact on individuals because of their race or national origin. Although not legally binding, the Guidance provides key insight into how the EEOC views the use of criminal records when screening applicants. keep reading…