Question #1

In Coats v. DISH Network, the Colorado Supreme Court held that an employer in Colorado may fire an employee for using marijuana (even if done legally with a medical marijuana card) on his or her own time away from work premises, if such usage violates the company's drug policy. The Court reasoned that because using marijuana violates federal law, employees are not protected by Colorado's "lawful activities statute."

How does the Court's ruling relate to the Supremacy Clause of the US Constitution?

Question 2

Marijuana usage in some form (for recreational or medicinal purposes) is legal in 28 States. However, the Controlled Substances Act (CSA) lists marijuana as a Schedule I drug, meaning that federal law designates it as having no medical accepted use, a high risk of abuse, and a lack of accepted safety for use under medical supervision. Therefore, the use, possession or manufacture of marijuana is a federal crime unless used as part of a federally-approved research project.

How can the CSA be reconciled with the results of recent federal research projects that show marijuana may have medical benefits for some health conditions? What do think are the next steps the federal government should take to address the inconsistency between the CSA and federal agency positions?

Question 3:

DISH Network hired you to be its attorney to revise its drug and alcohol policy. Concerned about keeping its employees and customers safe, DISH Network wants to keep an enforceable policy but also wants to be able to hire and retain employees who use medical marijuana. What would you recommend?

Question 4:

Anti-discrimination laws are in the headlines a lot lately. Find a news article or case involving discrimination against someone in a protected class under Title VII. What happened? Is the discrimination a form of disparate treatment or disparate impact? If it was a case, what was the result? What do you think should have been done differently or could be done to address the underlying discrimination?