Last August, we blogged about a case of first impression in Connecticut where a federal court judge found that Connecticut’s Palliative Use of Marijuana Act (“PUMA”) creates a private cause of action for employment discrimination and that PUMA’s anti-discrimination provision is not preempted by federal law. See Noffsinger v. SSC Niantic Operating Co. LLC, 273 F. Supp. 3d 326, 340 (D. Conn. 2017). On September 5, the court issued another decision in this case, offering further insight into this evolving area of employment litigation.
Continue Reading Court Provides Additional Clarification Concerning the Scope of Connecticut’s Medical Marijuana Protections in the Workplace
Connecticut’s Palliative Use of Marijuana Act
Medical Marijuana Users Can Sue Their Employers
In a case of first impression, a federal trial judge has found that, under Connecticut law, an employer can be sued for refusing to hire an applicant who tested positive for medical marijuana use. See Noffsinger v. SSC Niantic Operating Company LLC (D.Conn. Aug. 8, 2017).
In the case at issue, Katelin Noffsinger alleged that she applied for and was offered a position of Director of Recreational Therapy at a local nursing home. Ms. Noffsigner had been diagnosed with post-traumatic stress disorder (PTSD) and was prescribed medical marijuana for her disability. Each night, as prescribed, Ms. Noffsinger ingested a capsule of synthetic cannabis. …
Continue Reading Medical Marijuana Users Can Sue Their Employers