By ROBERT B. MITCHELL
“Pretext” analysis follows the well-known McDonnell Douglas construct. If the plaintiff successfully meets the minimal burden of presenting a prima facie case, the burden of going forward with the evidence shifts to the defendant, who must then articulate a legitimate, non-discriminatory reason for its actions. If the defendant meets this burden, the obligation to go forward falls back onto the plaintiff to demonstrate that discrimination was the “true reason” that stood behind the complained-of adverse employment action.
Medical Marijuana Law Presents Possible Pitfalls
By JOSHUA B. WALLS
The smoke has barely lifted since Connecticut’s passage of Public Act No. 12-55, “An Act Concerning the Palliative Use of Marijuana,” and the questions continue to pile high. On October 1, 2012, Connecticut became the 17th state to allow the physician-authorized use of marijuana for specifically enumerated and “debilitating medical conditions.” Companies failing to adapt to the law’s provisions run the very real risk of becoming its first test case, a distinction employers would undoubtedly like to avoid.
