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Brittany practices in all areas of the law that the firm handles. Brittany’s areas of focus are: representing management in labor and employment disputes, municipal law, and corporate law.
Brittany is a member of the Illinois State Bar Association; the Peoria County Bar Association, where she serves on the Young Lawyer’s Committee; and the Women’s Bar Association of Illinois.
Brittany joined Davis & Campbell in the Peoria office in 2019, right after graduating law school.
Governor Pritzker has signed an amendment to Illinois’ Cannabis Regulation and Tax Act (the new recreational marijuana law), and – in so doing – has effectively expanded employers’ rights to drug test and discipline for marijuana use.
First, public employers may now prohibit/discipline officers, paramedics, and firefighters from/for using and possessing marijuana when they are off-duty. The previous language merely prohibited on-duty use and possession. Second, the amendment provides that all employers (both public and private) may subject employees to random drug testing and may also subject applicants to pre-employment testing for marijuana, in addition to testing employees based on an employers’ “good faith belief” of impairment (i.e., post accident, reasonable suspicion, etc.). Employers may then discipline/terminate/not hire an employee or applicant for failing any such test.
In sum, employers do not need to observe impairment prior to testing (or subsequently disciplining) for marijuana use. However, remember that all drug tests and discipline following failed drug tests must continue to be administered via employers’ reasonable and non-discriminatory drug policies. Thus, in addition to having a drug policy in place, employers should regularly review those policies to ensure the content remains reasonable.
Nicole D. Meyer | Davis & Campbell, L.L.C.
401 Main Street, Suite 1600 | Peoria, IL 61602
(309) 673-1681 | Fax: (309) 673-1690
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On February 11, 2020, Attorneys Rick Russo and Nicole Meyer will present on the amendment to the Illinois marijuana bill and its effect on employers, medical marijuana/reasonable accommodations, and how the legalization of marijuana may affect workers compensation matters for the Peoria Chamber of Commerce at the Hult Center for Healthy Living.
On February 11, 2020, Attorney David Lubben will present on Illinois Statutory Law Changes at the monthly meeting of the Decatur Area SHRM.
On February 19, 2020, Attorney Nicole Meyer will present “Policies on Marijuana, Drug Testing, and Reasonable Accommodations.” Topics covered will include: What options are available to employers for use of marijuana? What are the risks associated with different drug testing programs? Do employers have to accommodate the use of medical marijuana as a reasonable accommodation?
On February 20, 2020, Attorney Nicole Meyer will present on Policies on Marijuana, Drug Testing, and Reasonable Accommodations and Workers Compensation at DePaul University College of Law (CLE provided).