![]() The case now returns to the trial court for reconsideration. “ really, I think, reaffirmed the ability - at least on the facts of this case - of individuals who are using marijuana for medicinal reasons to assert that as part of a disability claim,” he said. Equal Employment Opportunity Commission, said the opinion was a win for workers. “That, obviously, would be a violation of the disability discrimination laws.”ĭavid Lopez, a co-dean of the Rutgers University Law School and the former general counsel of the U.S. ![]() I’m terminating them because I really don’t like wheelchairs,’” Link said. National company may help Compassionate Care expand medical marijuana. “If we imagine a situation where an employer says, ‘Oh, I’m not terminating them because they’re paralyzed. Care Foundation at 9588, 100 Century Dr, Egg Harbor Township, NJ 08234, USA. Link said courts are acknowledging the difficulty of separating a person’s disability from her treatment plan. “Just as the Compassionate Use Act imposes no burden on defendants, it negates no rights or claims available to plaintiff that emanate from the ,” the opinion reads. WHYY thanks our sponsors - become a WHYY sponsorĪlthough the state’s medical marijuana law doesn’t require employers to accommodate workers who use the prescribed drug, the appellate court found the state’s law against discrimination may still protect them.
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