Justin Digennaro

October 04, 2022 | New York Law Journal

Six State Bans on Discrimination Against Recreational Marijuana Users May Impact Employer Drug Testing Programs

As a result of the legal framework in six jurisdictions, employers are permitted and possibly required to take adverse action against employees for on-duty use of marijuana, but prohibited from taking adverse action against employees for protected off-duty recreational use of marijuana. The difficulty for employers arises from distinguishing between the two scenarios.

By Nicholas J. Pappas, Celine Chan and Justin DiGennaro

10 minute read

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