In a landmark ruling, the Supreme Judicial Court of Massachusetts has recognized a potential claim for disability discrimination for not hiring and/or terminating a person who uses medically prescribed marijuana off-duty, but tests positive for drug testing.
The SJC in Barbuto v. Advantage Sales and Marketing, LLC determined that Massachusetts employers may have to allow employees to take medical marijuana off-duty as a "reasonable accommodation" under the state's anti-discrimination statute.
More details on the court's rationale is provided in our client alert.
In the wake of the Juy 17, 2017 decision, employers should review their drug testing and hiring policies.
Should you have questions on the applicability of Barbuto, contact your Todd & Weld LLP employment attorneys to understand your rights and responsibilities.