News & Analysis as of

Marijuana › MA Supreme Judicial Court

Saul Ewing LLP

Clarity in Massachusetts for Insurers on Medical Marijuana Reimbursement

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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

Clark Hill PLC

Massachusetts Medical Marijuana Users Can Sue For Failure to Accommodate a Disability

Clark Hill PLC on

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

Constangy, Brooks, Smith & Prophete, LLP

Thinking Out Loud About Medical Marijuana And Reasonable Accommodation

Constangy, Brooks, Smith & Prophete, LLP on

(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

K&L Gates LLP

Massachusetts’s Highest Court Rules that Employee Fired for Medical Marijuana Use Can Hold Employer Liable for Discrimination

K&L Gates LLP on

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

Parker Poe Adams & Bernstein LLP

Massachusetts Supreme Court Finds Medical Marijuana Users Protected from Adverse Employment Action

Parker Poe Adams & Bernstein LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

Massachusetts Employers May Have To Accommodate Use Of Medical Marijuana, Court Says

Constangy, Brooks, Smith & Prophete, LLP on

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

BakerHostetler

Massachusetts Supreme Court Holds Employee Can Pursue State Law Disability Discrimination Claim for Failure to Accommodate...

BakerHostetler on

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

Jackson Lewis P.C.

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

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

Jackson Lewis P.C.

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

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

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

Seyfarth Shaw LLP

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

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

Fox Rothschild LLP

Massachusetts High Court Allows Disability Discrimination Claims Of Medical Marijuana User To Proceed

Fox Rothschild LLP on

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

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