A New Jersey federal judge recently held that an employer did not discriminate against an employee on the basis of a disability when it refused to waive a drug testing requirement as an accommodation for the employee’s medical marijuana use.
Published: August 15, 2018
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Published: November 6, 2017
Last Monday, former Wal-Mart manager Kathryn Silva filed an ADA disability bias claim in the Middle District of Pennsylvania that alleged Wal-Mart terminated her because she refused to sign a “last chance agreement.” The agreement required her to admit to substance abuse, undergo regular drug screening, and enroll in a substance abuse program. At the time, Silva was purportedly afflicted with several conditions, including arthritis, sciatica, scoliosis, anxiety, and high blood pressure.
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Published: August 18, 2017
The United States District Court of the District of Connecticut became the first federal court to issue a ruling that federal law does not preempt a state law that expressly prohibits employers from firing or refusing to hire someone who uses marijuana for medical purposes. This is the second court decision finding that an individual may pursue a claim when adverse action is taken by the employer for a positive marijuana drug test when the individual is a medical marijuana user (we discussed the first court decision