Sean Mack Quoted in Bloomberg Law on Employee Discrimination Claim Involving Hemp Use

Sean Mack, partner and co-chair of the Cannabis & Hemp Law and Litigation practices at Pashman Stein Walder Hayden P.C., was quoted in a Bloomberg Law article titled, “Employers Urged to Be Careful Before Acting on Drug Test Results.” The article discusses a recent federal appeals court ruling rejecting Airgas USA LLC’s claim that it had an “honest belief” that an employee used marijuana because it relied on information from a third-party drug screening company. After his drug test came back positive, the employee (who was using a legal hemp product to treat cancer pain), asked for a retest and told the company that the false positive was likely because of his legal use of hemp. Before firing the employee, the employer never told the drug testing company that the employee was using hemp and never asked the drug company whether the hemp use could cause the positive result.

The opinion highlights the perils companies face if they ignore their employees’ side of the story and carry out decisions without a proper investigation, said Sean Mack.

“It really underscores for employers that they need to listen to their employees,” said Mack.

To read the full article, click here.