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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 -

Connecticut Court’s First Decision on Medical Marijuana Use Discrimination Is a Buzzkill for Employers

Connecticut law allows the use of marijuana by qualified patients for medicinal purposes and expressly prohibits employers from taking adverse employment actions because of an individual’s status as a qualified medical...more

Balancing Undue Hardship and Reasonable Accommodation with Employees Using Medical Marijuana Lights Up in Massachusetts Court

by LeClairRyan on

In a recent case, the Supreme Judicial Court of Massachusetts (the “SJC”) held that medical marijuana may constitute a “reasonable accommodation” for employees.  As a result, employers may not terminate employees for failing...more

Decision on medical marijuana and preemption holds lessons for Maine employers

by PretiFlaherty on

A U.S. district court recently held that federal law does not preempt the anti-discrimination provision in Connecticut’s medical marijuana law prohibiting employers from terminating or refusing to hire individuals based on...more

Federal Court Rules that Medical Marijuana User’s Claim Under State Law is Not Preempted by Federal Statutes

The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire...more

High Time for Massachusetts Employers to Consider a Marijuana Use Policy

by Murtha Cullina on

All employers should maintain an employee handbook or similar policy statement that clearly sets out the employer’s position on drug and alcohol use. While federal laws relating to marijuana possession and use have not...more

In the First Case of its Kind, Court Rules Federal Law Does Not Trump Employee Protections under State Medical Marijuana Law

by Littler on

Employers nationwide take note: if your workplace drug and alcohol-testing policies take a zero tolerance approach to medical marijuana because the use, distribution, or possession of marijuana is unlawful under federal law,...more

Federal Law Does Not Preempt Connecticut Medical Marijuana Law Employment Discrimination Prohibition

by Jackson Lewis P.C. on

Federal law does not preempt the Connecticut medical marijuana statute’s prohibition on employers’ firing or refusing to hire qualified medical marijuana patients, even if they test positive on an employment-related drug...more

Food and Beverage Law Update: August 2017

by Holland & Knight LLP on

Wage and Hour - Tenth Circuit Aligns with Cumbie on Tip Credits - In Marlow v. New Food Guy, Inc., No. 16-1134, 861 F. 3d 1157 (10th Cir. June 30, 2017), the court affirmed the district court's ruling, consistent with...more

What Were They Smoking? Massachusetts Supreme Court Becomes First State Court to Find Employers Must Accommodate Use of Medical...

by Miles & Stockbridge P.C. on

As the number of states legalizing the use of marijuana for medical purposes has steadily grown, employers have been anxiously asking whether they are required to accommodate the use of medical marijuana if the use is related...more

“But My Doctor Said It Was Cool”: Florida’s New Medical Marijuana Bill and Employment Considerations

Last month, Florida Gov. Rick Scott signed into law a medical marijuana use bill. This was the result of the overwhelming vote (71 percent) in favor of amending the Florida Constitution to allow medical marijuana use as...more

Another Employer’s Defense in Disability/Medical Marijuana Case Goes Up in Smoke

by Shipman & Goodwin LLP on

Many states have approved the use of medical marijuana, despite the fact that the federal government continues to classify marijuana as a Schedule I controlled substance. As a result there is a tension between state rights to...more

Thinking Out Loud About Medical Marijuana And Reasonable Accommodation

(When I think out loud, beware.)- Ellen Kearns’ discussion of last week’s decision in Barbuto v. Advantage Sales and Marketing, in which the Massachusetts Supreme Judicial Court ruled that employers may have to accommodate...more

Employment Law Navigator – Week in Review: July 2017 #4

by Zelle LLP on

Last week, HR Dive reported on a Washington federal court’s June order requiring that a public employer pay $1.8 million to a terminated employee. The worker was fired when she failed a drug test due to her lawful use of...more

Massachusetts Supreme Judicial Court Rules That Employers May Need To Accommodate Off-Duty Medical Marijuana Use

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more

Massachusetts Supreme Judicial Court Issues Groundbreaking Decision Allowing Medical Marijuana User to Assert State Law Handicap...

On July 17, 2017, the Massachusetts Supreme Judicial Court issued a unanimous ruling in Barbuto v. Advantage Sales and Marketing, LLC, allowing medical marijuana users to assert claims for handicap discrimination under the...more

It’s Reasonable to Employ Marijuana Users

by Sherman & Howard L.L.C. on

A requested accommodation for a disability is not unreasonable as a matter of law just because it is illegal under federal law, says the Massachusetts Supreme Judicial Court in a recent case. As applied there, the result is...more

June 2017: The Top 15 Labor And Employment Law Stories

by Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While it always seems to evolve at a rapid pace, the last few months have seen an unprecedented number of changes. June 2017 was no different, with...more

Florida Enacts Law to Implement Provisions of its Medical Marijuana Amendment, but Significant Questions Remain for Employers

by FordHarrison on

Recently, Florida Governor Rick Scott signed into law a bill intended to implement provisions of the medical marijuana constitutional amendment that was approved by Florida voters last November (Amendment 2). The new law...more

Marijuana For Everyone? Society’s Changing Attitude Reflected In Workplace Practices

by Fisher Phillips on

We’ve entered a new era of acceptance when it comes to the legally permitted use of marijuana. As of today, 28 states have legalized medical use of the drug, and eight states permit its recreational use. With over half of the...more

Arkansas Legislature Adds Employer Protections To Medical Marijuana Law

by Fox Rothschild LLP on

In November 2016, Arkansas passed a constitutional amendment (Amendment 98) establishing a medical marijuana program. The legislature recently added provisions to the law, resulting in significant protections for Arkansas...more

Check Your Map: The Changing Landscape of Reasonable Accommodation

by Zelle LLP on

We recently helped a client work through a collection of reasonable accommodation issues. In doing so, we realized that we were dealing with questions that wouldn’t have come up 10 years ago, or maybe even 5 years ago. ...more

Blazing the Trail: SJC to Decide Medical Marijuana Discrimination Case

by Goulston & Storrs PC on

Marijuana in the workplace is currently a hot topic for retail employers, especially since voters in Massachusetts and other states legalized the recreational use of marijuana in November 2016. The law that passed and became...more

Food and Beverage Law Update: March 2017

by Holland & Knight LLP on

Legalized Drug Use Impacts the Food and Beverage Industry - In the November 2016 general election, voters in Arkansas, Florida and North Dakota amended their state constitutions to authorize the use of marijuana for...more

Florida Employers: Here Comes Medical Marijuana – Are You Ready?

Florida voters turned out in droves to pass Amendment 2 to legalize medical marijuana. This Constitutional Amendment greatly expanded what was once a very narrow right in Florida to be treated with low dose THC cannabis....more

Unclear crystal ball: What might 2017 hold for employers?

by Kirton McConkie PC on

In 2016, employers were confronted with many new laws, regulations, and issues. Companies geared up for a substantial change in the overtime rule, which ultimately didn’t take effect after a federal judge in Texas issued an...more

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