Recently, when dismissing a job-applicant’s disability discrimination claims brought under California state law, the U.S. District Court for the Central District of California issued two welcome reminders to employers.  First, an employer can condition an offer of employment on the completion of a preemployment drug screen, including a test for marijuana. This is true even

On April 28, 2021, Philadelphia Mayor Jim Kenney signed Bill No. 200625 which, effective January 1, 2022, prohibits employers from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment. Currently, only New York City and Nevada have similar drug testing restrictions, but we expect this trend to continue.

Big Takeaways

Recently, when dismissing a former employee’s claims brought under the Americans with Disabilities Act (ADA), the District of Connecticut issued two welcome reminders to employers. First, to set out an ADA disability discrimination claim, a plaintiff must allege that the employer was aware of the plaintiff’s disability. Second, and just as important, the ADA does not provide protection against discrimination based solely on medical marijuana use or require accommodation of medical marijuana use (although state laws may provide some protections).

Case Summary

In Eccleston v. City of Waterbury, Case 19-cv-1614 (D. Conn. Mar. 22, 2021), Plaintiff was a firefighter for the City of Waterbury.  According to the Complaint, in 2017, Plaintiff was diagnosed with Post-Traumatic Stress Disorder (PTSD). Sometime thereafter, Plaintiff informed his battalion chief that he was thinking of applying for a medical marijuana card. Plaintiff was told that doing so “would not be a good idea.” Even so, Plaintiff obtained a marijuana card in January 2018. Critically, when talking to his battalion chief, Plaintiff did not mention his PTSD diagnosis, or that he sought a medical marijuana card for the purpose of treating a purported disabling condition.


Continue Reading Firefighter’s Federal Disability Claims Based on Pot Use Snuffed Out by Connecticut District Court

TBT readers are invited to join Seyfarth Shaw LLP’s upcoming webinar, “High Times in NJ: New Recreational Marijuana Law Limits Employers’ Options to Prevent Impairment.”

Register here

There is no cost to attend, but registration is required.

Thursday, April 8, 2021
1:00 p.m. to 2:00 p.m. Eastern
12:00 p.m. to 1:00 p.m. Central
11:00 a.m.

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