The Massachusetts Supreme Judicial Court (SJC) recently heard oral arguments in a case that asks whether employers can be required to make accommodations for employees’ off-duty use of medical marijuana. The state passed a measure decriminalizing marijuana for recreational use in 2016. The case was brought by a woman who legally treats her Chron’s disease with marijuana. After accepting an entry level position and disclosing that she would not pass required drug testing, the plaintiff was fired under the company’s claim that it follows federal laws, not state laws – marijuana is illegal for all purposes under federal law. The Massachusetts Commission Against Discrimination (MCAD) filed a “friend of the court” brief demonstrating the purpose of Chapter 151B to remove barriers faced by those with disabilities. A decision is expected for later this year.
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