Reasonable Accommodation

A company has a duty to help mitigate a reasonable request by an employee asking for an accommodation …

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Duty To Help Mitigate

The State of Massachusetts Supreme Court just ruled a “Reasonable Accommodation” for handicapped #Medmj patients is warranted.

The State of Massachusetts Supreme Court just ruled a failure to provide a “Reasonable Accommodation” to a handicapped employee is a violation of the law.

Rule. A company has a duty to help mitigate an employee’s reasonable request for accommodation.

And, barring no other “Reasonable Accommodation” discovered, the employer must reasonably accommodate the employee’s request.

Medicine or No Medicine

The bottom line ( in Massachusetts ) is the answer to the age old question of whether or not #Medmj is indeed medicine.

The Supreme Court of the State of Massachusetts has determined it is …!

And, therefore, #Medmj should be treated as a “Reasonable Accommodation” by an employer as an employee would consider a request to accommodate any other prescription medicine.

Is the Patient Handicapped

If a #Medmj patient asserts the lack of a full ability to perform ANY life function, such as sleeping, or eating, or elimination, or even the full ability to hold down a job …

Then, that patient is considered to be “Handicapped” under the law.

Conclusion

A handicapped patient in Massachusetts is eligible for protection from termination of employment under the law after submitting to a failed company mandated marijuana drug test.

Import Code

More to come …

Last Subtitle

Note. The above synopsis was derived from an article written by the Massachusetts Supreme Court [2].

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Inline References

  1. The MMINAIL is an acronym for the Medical Marijuana Initiative of North America - International Limited, an Arizona Benefit Corporation. Published by © 2000 - 2018 Mminail.github.io.

  2. In Barbuto v Advantage Sales by the Massachusetts Supreme Court, Dtd 071717.

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