Barton Gilman partner, Kristen M. Whittle, was recently quoted by Rhode Island Lawyers Weekly in its story “Medical marijuana decision seen as complicating life for employers.”
The article discusses the recent Rhode Island Superior Court holding that a job applicant has the right to seek damages when refused a position based on their cardholder status and use of medical marijuana, in compliance with Rhode Island’s Hawkins-Slater Medical Marijuana Act. The decision, though anticipated, places employers in a difficult position as they try to comply with differing state and federal statutes regarding the legality of marijuana use.
“Employers should take a hard look at their drug policies to make sure they are compliant with the drug testing statue and consistent with the Hawkins-Slater Act, because with this decision a private cause of action has now been found and companies can face liability,” Kristen noted.
The decision, Callaghan v. Darlington Fabrics Corporation, et al., can be found here.
Kristen is an experienced civil litigator who focuses her practice on employment law, insurance coverage and bad faith litigation, and products liability litigation. She actively practices in the courts of Rhode Island, Massachusetts, and Connecticut. In addition to her litigation work, Kristen regularly advises employers on all aspects of the employment relationship—from hiring through separation—and she frequently reviews and revises personnel policies and handbooks. Kristen has recently been named a 2017 Forty Under 40 honoree by the Providence Business News. She has been a Rhode Island Super Lawyers Rising Star since 2013.
About Barton Gilman
Barton Gilman is one of New England’s leading civil litigation law firms with offices in Boston and Providence. Its experienced trial attorneys appear regularly in the federal and state courts of Massachusetts, Rhode Island and Connecticut. Providence Business Newshas named the firm a 2016 Rhode Island Best Places to Work, marking the eighth time it has received the recognition in the past decade.