TheFirstBulletPoint.docx

The First Bullet Point

Upon reading the ADA Accommodation for Medical Marijuana Case Study and I believe that the requirements of disability eligibility under ADA and ADAAA are applicable in this circumstance, because she informed her former employer before being hired that she had the required certification from her physician allowing her to purchase marijuana under her state's voter-approved medical marijuana law and had a registration card for verification. They hired her for the position knowing of her condition.  I believe she had valid claim and is entitled to any accommodation.  ADA requires employers to provide reasonable accommodations to the disabled employee so the employee can perform the essential duties of their job.

 

 Under the  Arizona Medical Marijuana Act , there are some protections for medical marijuana patient rights. However, there is still some confusion as to the rights of employees in the workplace. The AMMA prohibits workplace discrimination for medical marijuana patients in AZ and bars employers. This means companies cannot discipline cardholders, or refuse to hire them just because they have a medical marijuana card or because they tested positive for prior marijuana use. 

support such a claim.

In  Terry v. United Parcel Services, Inc. , No. 2:17-cv-04972-PHX-DJB (D. Ariz., filed Dec. 29, 2017), a former UPS sales director alleges, among other things, that UPS terminated his employment in violation of the ADA and the Arizona Medical Marijuana Act (AMMA).

http://www.arizonaorganix.org/blog/2018/03/20/are-employers-required-to-accommodate-an-employees-use-of-medical-marijuana/

https://www.laborandemploymentlawcounsel.com/2018/03/a-potential-plot-twist-for-medical-marijuana-and-the-ada/