Nevada, like most states, has legalized cannabis for medicinal use. Although permitted under state law, a Nevada employee may still face discipline under a company’s drug policy. To address that concern, the Nevada Legislature passed a law requiring employers to attempt to make reasonable accommodations for its employees’ use of medical cannabis outside of the workplace. As a matter of first impression, the Nevada Supreme Court recently decided that employees may sue employers who violate that law.
The plaintiff accepted a journeyman position with an exhibit management company, dispatched through a union. While the plaintiff was tearing down a convention exhibit, a large piece of plexiglass fell and shattered. Following the incident, the employer required the plaintiff to take a drug test, and he tested positive for cannabis. A collective bargaining agreement provision relating to drug and alcohol use provided for zero tolerance. The employer terminated the plaintiff and prohibited the union from dispatching him to company worksites. At the time, the plaintiff held a valid medical cannabis registry identification card issued by the State of Nevada. The plaintiff sued his employer for: (1) deceptive trade practices; (2) violation of NRS 678C.850(3), a law requiring an employer to attempt to make reasonable accommodations for the medical needs of employees who use medical cannabis outside of work while possessing a valid registry identification card; (3) unlawful employment...
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