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David Russcol Files Amicus Brief at SJC Opposing Employment Discrimination against Disabled Medical Marijuana Users

Zalkind Law’s David Russcol filed an amicus brief in the Supreme Judicial Court on behalf of a coalition of employment and civil rights organizations, supporting the right of disabled individuals who use medical marijuana under Massachusetts law to receive accommodations for off-site marijuana use and avoid discrimination by employers. In the case of Barbuto v. Advantage Sales & Marketing, which was argued in the SJC yesterday, an employee suffering from Crohn’s Disease was fired for failing a drug test, even though she told her employer that she used marijuana for medical purposes. David’s brief for the Massachusetts Employment Lawyers Association, the American Civil Liberties Union of Massachusetts, GLBTQ Legal Advocates & Defenders, Mental Health Legal Advisors Committee, Union of Minority Neighborhoods, Jewish Alliance for Law and Social Action, and Health Law Advocates argued that marijuana should be treated like any other medication, and employers should have an obligation to work with employees to find a reasonable accommodation as long as the employees are able to perform their essential job responsibilities. To do otherwise would allow employers to intrude on the doctor-patient relationship and would force employees like Ms. Barbuto to choose between continued employment and effective medical treatment. Read the brief here

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