On October 27, 2020, the Massachusetts Supreme Judicial Court ruled that insurance companies could not be compelled to reimburse employees for medical marijuana expenses pursuant to the worker’s compensation scheme that...more
In Barbuto v. Advantage Sales and Marketing (ASM), the Massachusetts Supreme Judicial Court recently ruled that employees can sue employers for failure to accommodate a disability if they are terminated or otherwise...more
(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
In a groundbreaking decision, the Massachusetts Supreme Judicial Court (“SJC”) ruled recently week that employees in Massachusetts who have a legal prescription for medical marijuana can sue their employers for disability...more
Beginning when the first states legalized use of marijuana for medical or recreational purposes, employers began speculating whether legislatures and courts in those states would continue to permit employers to exclude...more
The Massachusetts Supreme Judicial Court ruled this week that an employee’s use of medical marijuana to treat her disability may have to be reasonably accommodated under the state’s handicap discrimination law. In Barbuto...more
On July 17, 2017, the Massachusetts Supreme Judicial Court concluded that an employee could sue her employers for state law disability discrimination for failing to accommodate her use of medical marijuana after she failed to...more
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
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
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
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
In a decision awaited by many in the industry, the Massachusetts Supreme Judicial Court ruled that a licensed medical marijuana user who was fired after testing positive for marijuana can proceed with claims under the state’s...more