A recent opinion from the Eastern District of Pennsylvania serves a win to a medical marijuana card-holder who brought claims against an employer under the Americans with Disabilities Act (“ADA”), the Pennsylvania Medical...more
6/4/2025
/ Adverse Employment Action ,
Americans with Disabilities Act (ADA) ,
Conditional Job Offers ,
Department of Transportation (DOT) ,
Disability Discrimination ,
Drug Testing ,
Employee Rights ,
Employer Responsibilities ,
Employment Discrimination ,
Employment Litigation ,
Federal Labor Laws ,
Hiring & Firing ,
Job Applicants ,
Medical Marijuana ,
Pennsylvania ,
Plant Based Products ,
Reasonable Accommodation ,
Screening Procedures ,
State Labor Laws
On March 17, 2023, the Commonwealth Court of Pennsylvania issued a decision regarding employee use of medical marijuana in the workers’ compensation context. The decision in Fegley v. Firestone Tire & Rubber (Workers’ Comp....more
In a recent decision, Palmiter v. Commonwealth Health Systems, the Pennsylvania Court of Common Pleas held that: (a) the Pennsylvania Medical Marijuana Act (“MMA”) creates a private right of action for wrongful termination;...more
2/4/2020
/ Corporate Counsel ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
Labor Law Violations ,
Medical Marijuana ,
Private Right of Action ,
Public Policy ,
Reasonable Accommodation ,
Wrongful Termination
Seyfarth Synopsis: On September 5, 2018, a federal district court in Connecticut granted summary judgment to a job applicant after an employer refused to hire her because she tested positive for marijuana in a pre-employment...more
9/14/2018
/ Anti-Discrimination Policies ,
Disability Discrimination ,
Drug Testing ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Federal Contractors ,
Hiring & Firing ,
Job Applicants ,
Marijuana ,
Medical Marijuana ,
Reasonable Accommodation ,
State and Local Government ,
State Labor Laws ,
Zero Tolerance Policies
Seyfarth Synopsis: A recently-filed lawsuit in the federal district court in Arizona alleges that an employee’s use of medical marijuana may be permissible under the federal Americans With Disabilities Act (ADA). Although the...more
3/6/2018
/ Americans with Disabilities Act (ADA) ,
Corporate Counsel ,
Decriminalization of Marijuana ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Policies ,
Hiring & Firing ,
Marijuana ,
Medical Marijuana ,
State and Local Government ,
UPS ,
Zero Tolerance Policies
Seyfarth Synopsis: On May 23, 2017, in Callaghan v. Darlington Fabrics Co., a Rhode Island Superior Court issued a unique decision regarding employer obligations to medical marijuana users....more
Seyfarth Synopsis: On July 17, 2017, the Massachusetts Supreme Judicial Court held that an employer could be liable under the Massachusetts Anti-Discrimination Act for disability discrimination by declining employment based...more
7/19/2017
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Disability ,
Disability Discrimination ,
Discrimination ,
Drug Testing ,
Employment Litigation ,
Employment Policies ,
Hiring & Firing ,
MA Supreme Judicial Court ,
Marijuana ,
Medical Marijuana ,
Off-Duty Employees ,
Zero Tolerance Policies
Seyfarth Synopsis: Massachusetts has voted to legalize the recreational use of marijuana. For employers that want to maintain drug-free workplaces, the new marijuana law raises a number of questions regarding employer rights...more