Americans with Disabilities Act Medical Marijuana

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -
News & Analysis as of

Zero Tolerance for Marijuana Use by Employees: A Prescription for Litigation?

The dramatic inconsistency between federal and state law with regard to the use of marijuana may mean that employers with zero tolerance policies for marijuana use will face an increasing likelihood of litigation over the...more

Act Now Advisory: New York State's Medical Marijuana Law Gives Workplace Anti-Discrimination Protection

On July 7, 2014, Governor Andrew Cuomo publicly signed into law New York State's first marijuana legalization law—the Compassionate Care Act ("Act"). The Act (which was actually signed on July 5, 2014, after weeks of...more

New York State Legislature Approves Use of Medical Marijuana; Users to Be Considered "Disabled" Under State Human Rights Law

On June 20, 2014, the New York state legislature approved a bill that would allow patients to use marijuana for limited medical therapeutic purposes. Governor Cuomo is expected to sign the bill into law. The bill will not...more

Minnesota Medical Marijuana Law Will Cloud Employer Drug-Free Workplace Efforts

On May 29, 2014, Minnesota Governor Mark Dayton signed into law legislation making Minnesota the 23rd jurisdiction to adopt a law authorizing the use of medical marijuana. The new Minnesota medical marijuana law (MML)...more

How Will Marijuana Legalization In Colorado & Washington Affect Employers?

Employers are not required to accommodate an employee’s current use of illegal drugs, including marijuana. Moreover, under the Americans with Disabilities Act, an employer can prohibit the illegal use of drugs (including...more

Employment Newsletter - January 2014: Employers Prevail Among the Haze of Growing Medical Marijuana Laws

On January 1, 2014, Illinois became the 21st jurisdiction since 1996 to enact legislation to decriminalize the use of marijuana for medical purposes. The other jurisdictions are Alaska, Arizona, California, Colorado,...more

Labor Letter, December 2012: 2012 Employment Law Year In Review

The End of the World As We Know It? If you’re reading this after December 20, that means the Mayans got it wrong and the world isn’t going to end in 2012. That’s the good news. The bad news is that you still have to...more

Drug Testing Policies Up in Smoke?

We have been getting a lot of questions from employers about how employees' legal use of marijuana impacts an employer's ability to enforce its drug testing policy. Most of these questions were generated by the recent actions...more

Medical Marijuana and Work: Where We Stand Now

It’s been nearly two months since Connecticut’s “medical marijuana” law became effective. Yet many employers have been blissfully ignorant about what the law provides, perhaps because Connecticut does not yet have a...more

Marijuana Laws Liberalized in Colorado, Washington – But Effect on Workplace Policies Likely Small

The 2012 elections placed a number of marijuana initiatives before state voters around the United States, ranging from efforts to legalize the sale and use of marijuana for recreational purposes to further expansion of the...more

ADA Protection for Medical Marijuana Use Goes Up in Smoke

The ADA does not protect an employee using medical marijuana, even if the individual is using medical marijuana under the supervision of a doctor and in compliance with state law. The Ninth Circuit Court of Appeals issued its...more

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