As our readers know, we have been monitoring decisions regarding the ability of employers to take disciplinary action against employees for using marijuana at work (like this decision here). The most recent high court to weigh in on this topic is the Massachusetts Supreme Judicial Court, which looked at whether an employer may violate that state’s anti-discrimination law when it fires an employee because of a failed drug test based on the employee’s use of medical marijuana. The Court concluded that employers must accommodate medical marijuana users in the normal course under these circumstances to avoid a violation of that law. We discuss this important new decision – Barbuto v. Advantage Sales and Marketing, LLC – below.
Recently, the Massachusetts Commission Against Discrimination (MCAD) published guidance on gender identity discrimination, which the Massachusetts Fair Employment Practices Act (commonly known as “Chapter 151B”) has prohibited since July 1, 2012. The guidance and statute, however, simply codify the position MCAD has taken since 2001.
Last week, the Massachusetts Supreme Judicial Court issued a seminal ruling in Bulwer v. Mt. Auburn, which clarified the type of evidence an employment discrimination plaintiff needs to defeat a summary judgment motion. In doing so, the SJC lightened plaintiffs’ burden of proof concerning pre-textual terminations and may have changed the rules of the game for Massachusetts employers and employees alike.