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.
Written By David Katz
Last week the Colorado Supreme Court decided to review a 2013 appellate court decision holding that Colorado employers may lawfully terminate employees for their off-duty use of medical marijuana even if they are not impaired on the job. Though oral argument has not yet been set, this case, Coats v. Dish Network, LLC (No. 13SC394), is sure to be closely monitored by employers nationwide due to the growing number of states that have legalized (or are currently considering legislation to legalize) the use of medical marijuana, and in some cases the recreational use of marijuana.