Seyfarth Synopsis: On January 14, 2022, the Supreme Court of New Hampshire reversed a trial court decision that dismissed a former employee’s complaint alleging his employer failed to consider whether it could reasonably accommodate his use of marijuana for medicinal purposes. New Hampshire joins a growing number of other jurisdictions that have found an employer
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Federal Judge Rules that Employer Violated Connecticut Law by Refusing to Hire Medical Marijuana User
By Jennifer L. Mora and Anthony S. Califano
Synopsis: On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment drug test. The decision, Noffsinger v. SSC Niantic Operating Co., LLC, d/b/a Bride Brook Nursing & Rehab.
Continue Reading Federal Judge Rules that Employer Violated Connecticut Law by Refusing to Hire Medical Marijuana User
A Potential P[l]ot Twist for Medical Marijuana and the ADA
By Anthony Califano & Timothy Buckley
Seyfarth Synopsis: A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (ADA). Although the employee faces an uphill battle, the case presents a challenge to the commonly-held view that the ADA does not support
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ADA, FMLA and Medical Marijuana: How Do They Mix?
Almost a majority of the states now allow medical marijuana, so questions are starting to pop up about how the use of medical marijuana affects an employee’s rights (and an employer’s responses) under other laws, and in particular, the Family Medical Leave Act (“FMLA”) and the Americans With Disabilities Act (“ADA”).
The FMLA allows qualified employees
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Reefer Madness Redux? What To Do Now That Illinois Has Legalized Medical Marijuana?
By: Mark A. Lies II and James C. Goodfellow, Jr.
Effective January 1, 2014, Illinois became the 20th state to legalize medical marijuana. The passage of this law has created concerns for employers, which we outline below.
The Illinois Compassionate use of Medical Cannabis Pilot Program Act (the “Act”), enacted just that: a pilot program that is scheduled to be
Continue Reading Reefer Madness Redux? What To Do Now That Illinois Has Legalized Medical Marijuana?