The Massachusetts Supreme Judicial Court (SJC) reversed a lower court’s dismissal, determining that a woman’s claims for disability discrimination under the Massachusetts anti-discrimination statute could go forward. After accepting a job with Advantage Sales and Marketing (ASM), Christina Barbuto was informed she would need to pass a drug test. Barbuto was told the medical marijuana she used to treat Chron’s disease would not affect her employment, but her position was terminated when she tested positive. She sued the company and its human resources representative on several theories, including handicap discrimination.
Hiring Tips Blog

Massachusetts High Court Reinstates Suit by Employee Fired for Off-Duty Medical Marijuana Use
Aug 5, 2017 | EEOC, Pre-employment Drug Testing
Recent Posts
- Beyond Fingerprints: Navigating the Biometric Amendment to the Colorado Privacy Act
- Does a DOT Drug or Alcohol Violation Prohibit a Driver from Operating ANY Commercial Motor Vehicle (CMV)?
- Texas Weed Laws: What You Need to Know
- The ABCs of CBD? Kind of … 8th Circuit Affirms Termination of Employee Failing Drug Test for Hemp Pain Oil
- California’s New AI Regulations Take Effect Oct. 1: Here’s Your Compliance Checklist
Categories
- Artificial Intelligence Fraud (2)
- Background Check Compliance (103)
- Background Check Laws (61)
- Background Screening (46)
- Biometric Identification (6)
- Consumer Financial Protection Bureau (1)
- Credit Checks (32)
- Criminal History Check (183)
- Data Protection & Privacy (110)
- E-Verify Issues (79)
- Education Verification (7)
- Educational and Childcare Hiring (28)
- EEOC (51)
- Employer Negligence (37)
- Employment Screening (137)
- Fair Credit Reporting Act (109)
- Featured Posts (1)
- Financial Services Hiring (11)
- Healthcare Hiring (6)
- Hiring Legal Compliance (3)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (91)
- IT and Data Security Hiring (11)
- Medical & Pharmaceutical Industry Hiring (11)
- Occupational Fraud (14)
- Pre-employment Drug Testing (191)
- Public Safety Hiring (1)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (21)
- Uncategorized (1)
- Wage History Checks (4)

