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Analysis

Bias Ruling Casts Doubt On Blanket Workplace Pot Bans

Law360, New York (July 18, 2017, 9:21 PM EDT) -- Massachusetts’ highest court ruled Monday that employers can be held liable for disability discrimination if they fire an individual for using legally prescribed marijuana, an interpretation attorneys say could spread to other states and force employers to consider making exceptions to drug-free policies to accommodate workers’ medical needs.

The Massachusetts Supreme Judicial Court ruled that plaintiff Cristina Barbuto can pursue claims under the state’s handicap discrimination law accusing her former employer Advantage Sales & Marketing LLC of illegally firing her because she used medical marijuana to treat Crohn’s disease.

More specifically, the appellate court held that the use of medically prescribed marijuana is...

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