Connecticut Employers Can Terminate Employees Impaired by Medical Marijuana While Working; Appellate Court Also Provides Guidance for Reasonable Suspicion Drug Tests
March 19th By Jake Golicz, Elizabeth McKenna @ www.littler.com
In a significant decision about workplace drug use, the Connecticut Appellate Court backed an employer’s right to terminate a worker who was impaired on the job by medical marijuana. The decision also clarified the factual basis an employer must possess to justify ordering a drug test based on suspicion of impairment.
In Bartolotta v. Human Resources of New Britain, Inc., AC 46091 (Conn. App. Ct. Mar. 19, 2024), the court upheld the grant of summary judgment to an employer that was sued for allegedly violating Connecticut’s Palliative Use of Marijuana Act (PUMA) and Urinalysis Drug Testing Statute. The decision marks the first time the Appellate Court has reviewed the merits of a private lawsuit under PUMA since such a cause of action was recognized by the Connecticut District Court in Noffsinger v. SSC Niantic Operating Company, LLC, 338 F. Supp. 3d 78 (2018). The Appellate Court’s decision provides helpful guidance about what circumstances can justify reasonable suspicion drug testing under Connecticut law.
In the Bartolotta case, the defendant employed the plaintiff as a teaching assistant. When hired, the plaintiff held a prescribed medical marijuana card. The employer maintained written policies that explicitly prohibited employees from working while under the influence of any drug or alcohol.1 The plaintiff did not disclose her use of medical marijuana.