Recently, the Connecticut state legislature passed a statute regarding the use of medical marijuana in the workplace.
According to JD Supra, the statute provides that:
- No employer may refuse to hire or may discharge, penalize, or threaten an employee solely on the basis of their palliative use of marijuana.
- Employers may, however, prohibit the use of intoxicating substances during work hours.
- Employers may also discipline an employee for being under the influence of intoxicating substances during work hours.
While the law is ambiguous on whether or not employees can bring legal action against employers who take employment action based on the palliative use of marijuana, two lawsuits have been brought against the State and the relevant employer.
Connecticut employers should follow these cases closely, as the court decisions could present “significant hurdles” to future plaintiffs wishing to sue the State regarding this issue, as well as affect a “private sector employer’s ability to make decisions based on failed pre-employment drug tests and their potentialy liability”.
For more on the new protections, please click here.
The information included in this blog post originally appeared in an article in JD Supra on July 13, 2018, written by Peter Murphy of Shipman & Goodwin LLP.