News & Analysis as of

Disability Discrimination

Massachusetts: Medical Marijuana as a Reasonable Accommodation in the Workplace

As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work. The most recent high court to weigh in on this topic is the...more

DOJ Places Website Rulemaking on the “Inactive” List

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Trump Administration’s first Unified Agenda reveals DOJ has placed web accessibility, medical equipment, and furniture rulemakings under Title II and III of the ADA on Inactive List....more

Claim Of Massachusetts Employee Fired For Medical Marijuana Use May Proceed, State High Court Rules

by Jackson Lewis P.C. on

An employee fired after she tested positive for marijuana on a test administered in the hiring process should be able to proceed with her “handicap discrimination” claim under Massachusetts’ anti-discrimination statute, the...more

Will Employers Be Forced To Accommodate Employees Who Test Positive For Marijuana?

by Jackson Lewis P.C. on

On July 17, 2017 the Massachusetts Supreme Judicial Court ruled that under the Massachusetts Anti-Discrimination law an employer may be required to accommodate an employee who is a current user of medical marijuana regardless...more

Temporary Worker Not Entitled To Leave As A Reasonable Accommodation

by DeWitt Law, LLC on

The Tenth Circuit recently addressed whether an employer had failed to make a reasonable accommodation under the Americans with Disabilities Act, 42 U.S.C. § 2000e et seq., (“ADA”) regarding a temporary worker’s request for...more

Is Your Website Accessible to Disabled Users? If Not, Courts Say You Could Be Violating the ADA

by Jaburg Wilk on

Yes, seriously. This is no longer a remote threat cautioned by overzealous lawyers. This is now a real threat that business owners should address now. If you own and/or operate a business, and the business has a website that...more

Massachusetts SJC: Medical Marijuana Users May Be Safe from Employer Discrimination

by Morgan Lewis on

In a landmark decision that is likely to influence other states, a recent ruling in Massachusetts protects medical marijuana users against discrimination by their employers absent undue hardship....more

Massachusetts High Court Concludes that State Anti-Discrimination Laws Protect Medical Marijuana Users

by Partridge Snow & Hahn LLP on

In May 2017, we reported on Callahan v. Darlington Fabrics and the Moore Company, a Rhode Island Superior Court decision that applied workplace anti-discrimination protections to medical marijuana users. Massachusetts has now...more

Massachusetts SJC Extends Job Protections to Medical Marijuana Users

by Foley Hoag LLP on

In a landmark decision, the Massachusetts Supreme Judicial Court (“SJC”) ruled on Monday that an employee who is fired for testing positive for marijuana due to her lawful off-duty use of medical marijuana can pursue a claim...more

Medical Marijuana User’s Disability Discrimination Claim Survives Employer’s Motion to Dismiss in Massachusetts

by Benesch on

In a decision that is the first of its kind, the Supreme Judicial Court of Massachusetts reversed the dismissal of a state law disability discrimination claim arising from an employee’s request for a reasonable accommodation...more

MA Employers Beware: Employees Have a Right to Use Medical Marijuana

by Burns & Levinson LLP on

In a recent decision, the Massachusetts Supreme Judicial Court has made it clear that employers cannot take action against employees who lawfully uses medical marijuana, as doing so is tantamount to denying a request for a...more

What’s on the Agenda? Tips and OT

by Seyfarth Shaw LLP on

Each spring and fall, Washington waits with bated breath as the Executive Branch releases its regulatory agenda. As the first pronouncement of some of the specifics of the Trump Administration’s regulatory plans, this year’s...more

Massachusetts Supreme Judicial Court Creates Employer Obligation to Accommodate Employees Using Medical Marijuana

by Littler on

On July 17, 2017, the Massachusetts Supreme Judicial Court unanimously held that an employee may pursue a disability discrimination claim under state law against her former employer for failing to accommodate the employee’s...more

Claim Of Massachusetts Employee Fired For Medical Marijuana Use May Proceed, State High Court Rules

by Jackson Lewis P.C. on

An employee fired after she tested positive for marijuana on a test administered in the hiring process should be able to proceed with her “handicap discrimination” claim under Massachusetts’ anti-discrimination statute, the...more

Cannabis at work: An update for employers

by Thompson Coburn LLP on

The legalization of cannabis in California raises significant questions as to whether employers can enforce policies prohibiting cannabis use by employees. Recent California legislation provides employers with the right to do...more

Massachusetts Permits Disability Discrimination Claims Based on Medical Marijuana Use

On July 17, 2017, the Massachusetts Supreme Judicial Court ruled in Barbuto v. Advantage Sales & Marketing, LLC, that an employee using medical marijuana in treatment of a chronic illness may qualify for protection against...more

Medical Marijuana Use May Be Reasonable Accommodation Under Massachusetts Law

by Holland & Knight LLP on

In a much-anticipated decision, the Massachusetts Supreme Judicial Court ruled on July 17, 2017, that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under the...more

Massachusetts Rules Medical Marijuana Use May Be a Reasonable Accommodation Under State’s Handicap Discrimination Statute

by Goodwin on

..The Massachusetts Supreme Judicial Court has determined that it may be a reasonable accommodation under the state anti-discrimination law for a handicapped employee to use medical marijuana, if certified by a physician,...more

UPDATE: Massachusetts Medical Marijuana Patient Can Sue Employer for Discrimination

by Hinshaw & Culbertson LLP on

On Monday, July 17, 2017, Massachusetts Supreme Judicial Court ("SJC") issued a decision in Barbuto v. Advantage Sales and Marketing, holding that an employee may sue her employer for handicap discrimination based on her...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

IDEA Exhaustion is Alive and Well: Applying Fry in Graham v. Friedlander

A Connecticut Superior Court judge has issued what might be the first decision in the country applying the United States Supreme Court’s recent test for determining whether a party is required to exhaust the administrative...more

A Generic Doctor’s Note, Without More, Will Not Support A Claim Under The NJLAD

Does this sound familiar?  Your employee hands you a note from his doctor stating, “Please excuse Josh from work from 3/18 through 4/20 when he will be reevaluated.”  Often, doctor’s notes say little else, and many times you...more

Massachusetts Employers See Medical Marijuana Defense Go Up In Smoke - Supreme Judicial Court Ruling Requires Employers To Engage...

by Fisher Phillips on

The highest state court in the Commonwealth of Massachusetts issued a decision yesterday announcing that handicapped employees who have been prescribed medical marijuana may be entitled to a reasonable accommodation under the...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

Medical Marijuana: When A Positive Drug Test may Not Be Grounds To Fire An Employee

by Fox Rothschild LLP on

In a portentous opinion, Massachusetts’ highest court held that a medical marijuana patient terminated for failing a drug screening could state a claim for disability discrimination against her employer. Because many states’...more

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