As we barrel into 2023, it is worth a look back at last year. Employment law issues in 2022 were diverse, ranging from federal COVID-19 vaccine mandates (yes, that was last year) to state laws on CBD and diversity and inclusion. And, of course, we blogged on it all! To celebrate the year gone by, here are 3 of our top blog posts from last year, and some brief updates on where those issues stand now and where they might be headed:

#3 – Kicking off our countdown is a collaboration blog post with our cannabis practice group: Don’t Fire Me! I’m Drug Free! It Was CBD! Indiana Court Examines Termination for Use of Hemp Oil. CBD, THC, and other cannabis issues are a hot topic. As of now, marijuana is still a Schedule I drug, meaning that it is illegal under federal law. Therefore, the Americans with Disabilities Act does not protect medical marijuana users as disabled, and you may generally still terminate employees who fail a drug test for marijuana. So, where do items such as CBD and THC fall? You can purchase CBD legally in all U.S. states, but most states still have laws making THC illegal. However, both CBD and THC can trigger a positive drug test. Is it OK to act against employees if they fail a marijuana drug test but only used CBD or THC? In this blog post, we discussed an Indiana federal court case in which an employee was terminated after failing a marijuana drug test but claimed he had only used CBD oil. The court sided with the employer, holding that, while CBD is...

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