PAINE v RIDE-AWAY, INC.  2022 WL 129928 (N.H. 2022) Supreme Court of New Hampshire

PAINE v RIDE-AWAY, INC.  2022 WL 129928 (N.H. 2022) Supreme Court of New Hampshire
CANNANNEW REPORT

PAINE v RIDE-AWAY, INC.  2022 WL 129928 (N.H. 2022) Supreme Court of New Hampshire Summary  The law against discrimination has created a duty for employers to make reasonable accommodation for employees with known physical or mental limitations. The employer will only be exempt from this duty if they can demonstrate that the accommodation would impose an undue hardship on the operation of the business. An employee who was prescribed cannabis to help treat his post-traumatic stress disorder (PTSD) brought a claim of employment discrimination against his employer for failing to accommodate his disability and for terminating his employment. The trial court had ruled that the use of therapeutic cannabis prescribed in accordance with New Hampshire law could not be considered as a reasonable accommodation for an employee’s disability. However, this decision was reversed by the Supreme Court of New Hampshire on appeal.  Facts  The plaintiff Scott Paine (“Paine”) had suffered from PTSD for several years. He was employed by the defendant as an automotive dealer in May 2018. In July 2018, his physician prescribed him cannabis to help treat his PTSD and the plaintiff enrolled in New Hampshire therapeutic cannabis program. Furthermore, the plaintiff submitted a request to his employer (defendant) for an exemption from its drug testing policy as a way to accommodate for his disability. The plaintiff had included in his submission that he did not request to use cannabis during working hours or even possess cannabis on work property. The plaintiff was told that he would no longer be allowed to work for the company if he started using cannabis. In September 2018, the plaintiff was terminated after he had notified the defendant that he would treat his PTSD with cannabis. The plaintiff sued for employment discrimination as the defendant would not accommodate for his disability. The…

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Source : PAINE v RIDE-AWAY, INC.  2022 WL 129928 (N.H. 2022) Supreme Court of New Hampshire

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