Tag Archives: Carol J. Faherty

October 31, 2017

Take 5 Newsletter: No Tricks, We Treat You to Five Developments in the Intersection of Health Care and Employment Law

By Epstein Becker & Green, P.C. of Epstein Becker & Green

Almost ten months into the Trump Administration, the executive and legislative branches have been preoccupied with attempting to repeal and replace the Affordable Care Act (“ACA”) – but each attempt has thus far proved fruitless.  While the debate rages over the continued viability of the ACA, as we stated in our previous Take 5, employers should remember that obligations to comply with Section 1557 (the non-discrimination provision of the ACA) and the final rule implementing that provision remain.  But there have been developments regarding which characteristics are protected by Section 1557.  In this Take 5, we explore whether Section 1557 continues to cover gender identity and transition services.

Posted in Legal Updates | North America
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June 7, 2017

Growing Questions About Employee Medical Marijuana Use Leave Employers in a Haze

By Nathaniel M. Glasser and Carol J. Faherty of Epstein Becker & Green

The intersection of employment and marijuana laws has just gotten cloudier, thanks to a recent decision by the Rhode Island Superior Court interpreting that state’s medical marijuana and discrimination laws. In Callaghan v. Darlington Fabrics Corporation, the court broke with the majority of courts in other states in holding that an employer’s enforcement of its neutral drug testing policy to deny employment to an applicant because she held a medical marijuana card violated the anti-discrimination provisions of the state medical marijuana law.

Posted in Legal Updates | North America
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