Nevada Supreme Court

Freeman Expositions, LLC v. Dist. Ct.

December 1, 2022520 P.3d 803

Summary

The Nevada Supreme Court held that employees who use medical cannabis outside the workplace and during nonworking hours have an implied private right of action when an employer fails to attempt reasonable accommodation. It rejected additional claims for tortious discharge, employment discrimination under NRS 613.333, and negligent hiring, training, or supervision, because the statutory remedy controlled, medical cannabis use was not lawful under all applicable law, and the alleged injury arose from the employer's conduct rather than a negligently managed employee. The court therefore granted mandamus in part and denied it in part.