In a recent decision, the Massachusetts Supreme Judicial Court has made it clear that employers cannot take action against employees who lawfully use medical marijuana, as doing so is tantamount to denying a request for a reasonable accommodation under the Commonwealth’s disability discrimination laws.
In Barbuto v. Advantage Sales and Marketing, LLC, the SJC reversed the dismissal of an employee’s handicap discrimination claim, alleging that her employer terminated her because of her lawful medical use of marijuana, and failed to engage in an interactive process to discuss a reasonable accommodation of her handicap. The employee had failed her employer’s drug test because of her use of marijuana, which was prescribed to treat her Crohn’s disease.
Interestingly, the SJC rejected the employer’s defense that the use of medical marijuana in the workplace is not a facially unreasonable accommodation simply because such use still is a crime under federal law. To the contrary, the SJC ruled that, under Massachusetts law, no person shall be denied “any right or privilege” on the basis of her medical marijuana use, even if such use may constitute a federal crime.
Thus, for an employee who has a qualified handicap under the disability discrimination laws, … Keep reading