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Ready or not, Virginia – on July 1, 2021, marijuana becomes fully legal for adults to use and possess in-state.[i] Virginia is now the 16th state to legalize cannabis for recreational purposes.[ii] More importantly, for Virginia employers, is that Virginia becomes the 13th state to expressly provide employment protections for medical marijuana cardholders[iii] by prohibiting employers from terminating, disciplining, or otherwise discriminating against an employee “for such employee s lawful use of cannabis oil pursuant to a valid written certification.”[iv]
These new statutes will affect Virginia employers in significant ways. Virginia employers will now have to address what they can do if a current employee is suspected of being impaired at work; what obligations do they have to reasonably accommodate medical marijuana cardholders; and overall, whether employers in certain industries can require drug testing for
Sunday, February 21, 2021
As we turn the page on 2020, we offer a brief look back at several significant employment decisions over the past year.
At the federal level, the U.S. Supreme Court issued a landmark decision in
Bostock v. Clayton County, 140 S.Ct. 1731 (2020), recognizing that sexual orientation and gender identity are protected by Title VII. Click here to read more on the decision.
In
Our Lady of Guadalupe School v. Morressey-Berru, 140 S.Ct. 2049 (2020), the U.S. Supreme Court also weighed in on the scope of the ministerial exception under federal anti-discrimination laws. At issue before the Court was whether the First Amendment of the U.S. Constitution prohibits courts from intervening in employment disputes (e.g., discrimination claims under the ADA and ADEA) involving teachers at religious schools. The Supreme Court ruled that “