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Reasonable Accommodation Disability Discrimination MA Supreme Judicial Court

Troutman Pepper

Zero Tolerance Drug Testing Policies in the Age of Medical Marijuana

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Q:  My Company wants to institute a drug testing policy that would automatically disqualify an applicant for employment if they test positive for illegal drugs, including medically-prescribed marijuana. Is this legal?...more

Holland & Knight LLP

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

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The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Foley & Lardner LLP

Mass. Court Clouds Marijuana in the Workplace Issues

Foley & Lardner LLP on

A recent unanimous decision by the highest state court in Massachusetts sends a warning signal to employers in all states. Marijuana in the workplace is a complex and unsettled legal issue that will require all employers to...more

Bowditch & Dewey

Medical Marijuana in the Workplace: An Employee's Balm; an Employer's Bane

Bowditch & Dewey on

On July 17th, the Supreme Judicial Court ruled that Massachusetts employers may not terminate an employee merely because of his or her off-site use of medical marijuana. According to the Court, the use of medically-prescribed...more

Mintz - Employment Viewpoints

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

Morgan Lewis

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

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

Benesch

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

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

Littler

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

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

Proskauer - Law and the Workplace

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

Holland & Knight LLP

Medical Marijuana Use May Be Reasonable Accommodation Under Massachusetts Law

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

Goodwin

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

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

Hinshaw & Culbertson LLP

UPDATE: Massachusetts Medical Marijuana Patient Can Sue Employer for Discrimination

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

Fisher Phillips

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

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

Sherman & Howard L.L.C.

It’s Reasonable to Employ Marijuana Users

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

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