News & Analysis as of August 4, 2025

Medical Marijuana › Job Applicants › Employment Discrimination

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Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite... more +

Medical Marijuana refers to the use of marijuana to treat or alleviate symptoms of certain illnesses. A growing number of states permit individuals to use marijuana on the recommendation of a physician. Despite state laws to the contrary, Federal law still prohibits the use or possession of marijuana. The conflict between state and federal law on this issue has created interesting enforcement issues and significant legal hurdles for medical marijuana providers. less -

Pennsylvania Medical Marijuana Card-Holder Survives Employer’s Motion to Dismiss

Seyfarth Shaw LLP on 6/4/2025

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

Federal Judge in Pennsylvania Reverses Dismissal of Medical Marijuana Cardholder’s Disability Discrimination Claim

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/17/2025

On April 11, 2025, a federal judge for the U.S. Western District of Pennsylvania reversed his recent decision to dismiss a disability discrimination claim from a job applicant with a medical marijuana card who alleged he had...more

Pennsylvania Federal Court Follows State Ruling That Medical Marijuana Use Is Not a Disability Under State Law

Ogletree, Deakins, Nash, Smoak & Stewart,... on 4/10/2025

A Pennsylvania federal court recently ruled that a job applicant who had a job offer rescinded could not allege disability discrimination under the Pennsylvania Human Relations Act (PHRA) for medical marijuana use as a matter...more

NJ Employer Faces Scrutiny for Failing to Hire Medical Marijuana Patient: 7 Key Compliance Reminders

Fisher Phillips on 7/17/2024

A telecom company allegedly violated New Jersey’s anti-discrimination law by refusing to hire a job applicant after he tested positive for THC as a result of medical marijuana use, according to the state’s Attorney General....more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 27th, Roanoke, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 26th, Charlottesville, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 25th, Lynchburg, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Hybrid Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 19th, Richmond, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

[Event] Back on Track: 42nd Annual Labor & Employment Seminars - October 18th, Norfolk, VA

Woods Rogers on 9/1/2023

Building a better workplace requires endurance and determination. But when you manage people, it’s easy to get off track. Everyone needs a trainer who can help them keep their eyes on the prize: a workplace that is good for...more

The Time Is Now for Employers in Illinois to Abide by New Laws

Sheppard Mullin Richter & Hampton LLP on 1/10/2020

The New Year brings new laws for Illinois employers. Some laws go into effect this Summer, while others are effective as of this month. For employers who have not yet revised handbooks, policies and agreements, the time is...more

NYC Employers Can No Longer Use Pre-Employment Marijuana Testing to Weed Out Prospective Employees

Herbert Smith Freehills Kramer on 5/13/2019

On April 9, 2019, the New York City Council passed a bill that prohibits employers from conducting pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols (THC). ...more

New York City Council Passes Bill Limiting Pre-Employment Drug Testing for Marijuana

Proskauer - Law and the Workplace on 4/15/2019

The New York City Council overwhelmingly passed legislation which would prohibit most City employers from requiring job applicants to submit to drug tests for marijuana use. Specifically, the bill would amend the City’s Fair...more

Pre-Employment Marijuana Drug Testing Goes Up in Smoke in NYC

Littler on 4/11/2019

On April 9, 2019, the New York City Council passed a first-of-its-kind bill that prohibits pre-employment drug testing for the presence of marijuana or tetrahydrocannabinols. ...more

Court Says Employer Cannot Refuse to Hire Based on Medical Marijuana Use

Akerman LLP - HR Defense on 10/3/2018

A Connecticut federal district court has found an employer liable for discrimination for failing to hire a medical marijuana user based on a drug test....more

Rhode Island Court Finds In Favor Of Job Applicant Denied For Medical Marijuana Use

Fox Rothschild LLP on 7/18/2017

In one of the first “employee friendly” decisions on this issue, a Rhode Island state court granted summary judgment to a plaintiff job applicant who sued for employment discrimination on the basis of her medical marijuana...more

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