Finally get that promotion? Get exclusive content, tips and tools to help you excel.
Implicit bias occurs when individuals make judgments about people based on gender, race or other prohibited factors without even realizing they’re doing it.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 12 cities across the U.S. this spring.
#SHRM18 will expand your perspective – on your organization, on your career, and on the way you approach HR. Join us in Chicago June 17-20, 2018
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
A Brewster woman is suing her employer, Advantage Sales and Marketing, after it fired her when a drug test revealed the presence of marijuana in her system, the BostonGlobe reported on May 23, 2015. Although Christina Barbuto said she told the company during her interview that she takes the drug legally, with a doctor’s permission, to fight symptoms of Crohn’s disease, she was fired on her first day of work.
Barbuto filed a complaint with the Massachusetts Commission Against Discrimination (MCAD).
According to the Massachusetts Medical Society, the state’s medical marijuana law is silent on the application of company drug-testing policies to employees who obtain and use medical marijuana legally under state law.
But courts in other medical marijuana states, the Society maintains, have consistently upheld employers’ policies that screen for the use of drugs, including marijuana. Such courts have also upheld the employer’s right to terminate a current employee who tests positive for use of medical marijuana, whether or not the employee was working while under the influence, the Society states.
Massachusetts law is silent on these matters.
Some take issue with employers’ freedom to take adverse action against employees across the board, without regard to the job or the situation.
“Drug testing without cause is a holdover from the Reagan administration’s failed “war on drugs,’ maintained Leonard H. Glantz, a professor of health law, bioethics, and human rights at Boston University School of Public Health. Writing a letter to the editor of the Globe, Glantz further stated that “[p]rivate employers, such as Barbuto’s employer, Advantage Sales and Marketing, have become law-enforcement agencies. While there may be reasons to test employees in safety-sensitive positions, such as airline pilots, there is no reason for employers to routinely test employees who work in marketing.”
Barbuto’s case will take a step toward resolving those conflicting approaches.
Diane Cadrain is an attorney who has been writing about employment law issues for more than 20 years.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
SHRM Member Discounts Program
SHRM’s HR Vendor Directory contains over 10,000 companies