Photo of Condon McGlothlen

Condon is a partner in the Chicago office of Seyfarth Shaw LLP, and a co-chair of the firm’s ADA Task Force. He represents employers in EEO and other employment law matters, and has extensive experience representing companies in complex employment matters, including class actions and pattern and practice cases, as well as with the development and implementation of advanced hiring, promotion, compensation, and separation systems. Mr. McGlothlen regularly handles matters under the Age Discrimination in Employment Act (ADEA) and the Americans With Disabilities Act, as well as employment-related provisions of the Sarbanes-Oxley Act. Mr. McGlothlen also chairs the Firm’s Employee Separations Task Force, which focuses on reduction-in-force and release issues under the ADEA, and he has advised hundreds of companies on such issues.

Earlier this month, Governor Pritzker signed into law SB 1557, revising the Recreational Cannabis Law to expand permissible marijuana testing and related adverse action.

The Original Legalization Bill As Enacted

The Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (the “Legalization Act”) legalizes recreational cannabis for Illinois adults starting January 1, 2020. The Legalization Act specifically allows Illinois employers to enforce “reasonable zero tolerance or drug free workplace policies, or employment policies concerning drug testing, smoking, consumption, storage, or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner.” The Act also permits employers to prohibit employees from being under the influence of or using cannabis in the employer’s workplace or while on call. Further, the Act (i) allows employers to discipline or terminate an employee who violates the employer’s workplace drug policy, and (ii) specifically insulates employers from liability for disciplining or terminating employees based on the employer’s good faith belief that the employee was either impaired at work (as a result of using cannabis) or under the influence of cannabis while at work.
Continue Reading Illinois Amends Recreational Cannabis Law To Protect Drug Testing By Employers

The Illinois General Assembly passed SB 1557, revising the language of the Recreational Cannabis Law to reduce but not completely eliminate employer liabilities.

As we previously blogged, the Illinois Cannabis Regulation and Tax Act (410 ILCS 705) (the “Legalization Act”) will legalize recreational cannabis for Illinois adults starting January 1, 2020. The Legalization Act specifically allows Illinois employers to
Continue Reading Illinois General Assembly Passes Amendments to Recreational Cannabis Law That Help Reduce Employer Liability