Seyfarth Synopsis: A recently-filed lawsuit in the federal district court in Arizona alleges that an employee's use of medical marijuana may be permissible under the federal Americans With Disabilities Act (ADA). Although the employee faces an uphill battle, the case presents a challenge to the commonly-held view that the ADA does not support such a claim.
In Terry v. United Parcel Services, Inc., No. 2:17-cv-04972-PHX-DJB (D. Ariz., filed Dec. 29, 2017), a former UPS sales director alleges, among other things, that UPS terminated his employment in violation of the ADA and the Arizona Medical Marijuana Act (AMMA). Terry alleges that he was a medical marijuana card holder under the AMMA, and that, at the direction of his doctor, he used medical marijuana during non-work hours to treat his nearly constant and extreme hip pain. He claims that he never possessed, used, or was impaired by marijuana, alcohol, or any other impairing substance while present on UPS's premises or during working hours. According to the complaint, in April 2017, UPS required Terry to report...
