With 46 million Americans facing substance use disorders and cannabis laws evolving across all 50 states, workplace drug policies have become a critical challenge for employers and employees alike.

Employment law expert Keya Denner from Constangy, Brooks, Smith & Prophete joins Tom Hagy on the Emerging Litigation Podcast to break down what you need to know about cannabis, drug testing, and workplace safety in 2024.

WHAT YOU’LL LEARN:

  • How state cannabis laws are reshaping workplace drug testing policies
  • Balancing employee privacy rights with workplace safety obligations
  • ADA compliance and reasonable accommodation for substance use disorders
  • What “fitness for duty” means and when it can be required
  • Documentation strategies that protect employers from litigation
  • Common misconceptions about prescription drugs and workplace impairment
  • How legal drug use (medical/recreational cannabis) affects employment
  • Building safety programs that respect employee rights and reduce accidents

KEY INSIGHTS:

  • Safety and privacy aren’t competing interests—employers must uphold both
  • Documentation and consistency are your strongest legal defenses
  • Legal drug use doesn’t eliminate safety concerns but requires individualized accommodation
  • 46 million Americans have substance use disorders—this affects every workplace

Thanks for listening!

If you like what you hear, please give us a rating. You’d be amazed at how much that helps.

If you have questions for Tom or would like to participate, you can reach him at Editor@LitigationConferences.com.

Ask him about creating this kind of content for your firm — podcasts, webinars, blogs, articles, papers, and more.

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
LinkedIn

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FILED UNDER: Employment​​
TAGS: Cannabis | Labor Law

Our Guest

Keya Denner
Keya DennerLabor and Employment Litigator, Constangy, Brooks, Smith & Prophete

Your Host

Tom Hagy
Tom HagyEditor-in-Chief
Tom Hagy is host and producer of the Emerging Litigation Podcast, now approaching its 120th episode with more than 15,000 downloads, along with thousands of additional views on the HB Litigation News YouTube channel. He edits a litigation blog that ranked as the most read in its category on JD Supra in 2025 and regularly writes about emerging legal issues for the HB website.
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