A New Hampshire worker who was fired after he told his employer he started using cannabis when his doctor prescribed it for PTSD may have a viable claim under state disability bias law, the state’s top court ruled.
A lower court was wrong that Scott Paine couldn’t establish a failure-to-accommodate claim against Ride-Away Inc. because his condition wasn’t a “disability” under New Hampshire’s Law Against Discrimination, the state justices said.
The provision in New Hampshire Revised Statutes 354-A carving out illegal drug use from the law’s definition of a disability doesn’t extend to Paine’s use of cannabis under the state’s ...