Florida Court Rules That the Florida Constitution Required a Public Employer to Accommodate Off-Duty Medical Marijuana Use
A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities. The court granted summary judgment in favor of the former employee, whom the employer had placed on unpaid administrative leave after he tested positive for marijuana during a random drug screening. Quick Hits A Florida state court ruled that employers must accommodate off-site medical marijuana use, granting summary judgment in favor of a former employee who had been placed on unpaid administrative leave after testing positive for marijuana. Although the use of marijuana is still prohibited under federal law, t he employee, an emergency medical technician, was licensed by the state of Florida, and his CBA allowed employees to report the use of prescription medications authorized under both federal or state law upon testing positive on a drug test. Background Angelo Giambrone was...