(978) 979-1223


Silver Lake Legal

Construction, Insurance & Business Attorney Boston

Mass Court Picks Pot Case to Remind Employers That Discussions of Accommodation Are Needed

A medical marijuana case set the table for Massachusetts’ Supreme Judicial Court to remind employers that there needs to be discussion of accommodation whenever a worker claims to have a debilitating medical condition.

The worker in Barbuto v Advantage Sales and Marketing LLC had a prescription from a doctor to treat Chron’s disease with medical marijuana. After applying, she got a job offer and accepted it. Learning that drug tests were mandatory, the worker told the Human Resources department about the condition and treatment. Pot use showed up in the testing.

The employer fired the worker and, key to the decision about the employer’ duty, was the employer’s failure to even discuss reasonable accommodation. Rules require the employer to engage in “the interactive process” of discussing the worker’s health condition limitations and possible work-arounds. In reinstating the case, the Court did not say the worker could stay, just that the discussion about reasonable accommodation for the worker and possible undue hardship for the employer was a talk that needed to happen.

Get A Consult

Charles W. Cobb

Attorney at Law


320 Nevada Street Ste 301,

Newton MA 02460




(978) 979-1223

Silver Lake Legal Privacy Policy

This site was created using WordPress and uses Google Analytics to understand how posts are being received.

• This site has Google Analytics Advertising Features implemented involving Google Analytics cookies.

• Some of the ads you receive on pages across the internet are customized based on predictions about your interests generated from your visits over time and across different web-sites. This type of ad customization — sometimes called “interest-based” or “online behavioral” advertising — is enabled through various technologies, including browser cookies as well as other non-cookie technologies.

• Sliver Lake Legal has no policy or intent to use first and third party cookies together.

• Visitors can opt-out of the Google Analytics Advertising Features, including through Ads Settings, Ad Settings for mobile apps, or any other available means (for example, the NAI’s consumer opt-out).

• Users should also visit Google Analytics’ currently available opt-outs for the web.