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
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
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”).
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