As part of a new decision in Massachusetts, a qualifying patient who has been terminated from employment for testing positive for marijuana as a result of her lawful medical marijuana use may state a claim of disability discrimination. A similar decision was made in Rhode Island. The holding has significant implications for employers that drug test because 29 states plus the District of Columbia have legalized medical and/or recreational marijuana use. In one Massachusetts case, the plaintiff received an offer of employment if she passed a mandatory drug test. She disclosed information about her qualifying medical marijuana prescription, yet she was terminated at the end of the day for positive test results. The claim survived a motion to dismiss, which could indicate a trend by courts.
Hiring Tips Blog

Are Zero Tolerance Drug Testing Policies About to Go Up in Smoke?
Sep 5, 2017 | Human Resources & Benefits, Pre-employment Drug Testing
Recent Posts
- Minnesota, Iowa Modify Employer Drug Testing Requirements
- Oral Fluid Tests Are Not Valid Indicators of Cannabis Exposure or Impairment
- THC Testing vs. Impairment: Legal Risks and Recent Employment Lawsuits
- Colorado Expands Reach of Obligations for Processing Biometric Identifiers and Biometric Data
- California Approves Rules Regulating AI in Employment Decision-making
Categories
- Background Check Compliance (103)
- Background Check Laws (59)
- Background Screening (44)
- Biometric Identification (5)
- Consumer Financial Protection Bureau (1)
- Credit Checks (32)
- Criminal History Check (182)
- Data Protection & Privacy (105)
- E-Verify Issues (76)
- Education Verification (7)
- Educational and Childcare Hiring (28)
- EEOC (49)
- Employer Negligence (37)
- Employment Screening (136)
- Fair Credit Reporting Act (109)
- Featured Posts (1)
- Financial Services Hiring (11)
- Healthcare Hiring (4)
- Hiring Legal Compliance (3)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (89)
- IT and Data Security Hiring (11)
- Medical & Pharmaceutical Industry Hiring (9)
- Occupational Fraud (13)
- Pre-employment Drug Testing (189)
- Public Safety Hiring (1)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (20)
- Uncategorized (1)
- Wage History Checks (4)