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Recent Department of Education Investigation has Created More Questions Regarding DEI-Type Protocols for Employers

February 26, 2025

Recent executive orders issued by the executive branch have raised questions for many employers, especially relating to DEI policies. While it was initially interpreted that the executive orders regarding the presence of DEI policies only applied to federal agencies and companies that receive federal funds, a recent investigation by the Department of Education has raised questions about whether privately funded organizations and companies could face prosecution.



In Massachusetts, the Massachusetts Interscholastic Athletic Association (as known as MIAA), a program not directly funded by the federal government, is being investigated by the Department of Education for an alleged violation of Title IX in allowing transgender individuals to participate in women’s sports. While MIAA’s policy is loosely related to DEI protocols, this investigation seems to declare that support of DEI-type programs and policies by private companies can be prosecuted akin to this investigation. It is investigations such as these that has led to a movement called “rainbow-hushing,” in which companies drop or quietly rebrand their diversity, equity and inclusion programs to avoid prosecution. While confusion and contradictions between anti-discrimination laws and the new wave of executive orders issued by the executive branch remain abound, it is prudent practice to seek legal counsel to avoid prosecution under the new executive orders, akin to MIAA.


If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.

April 2, 2025
A recent court decision in Pennsylvania offers clarification that employers cannot take adverse action for marijuana use against individuals who possess medical marijuana cards, at least under Pennsylvania’s Medical Marijuana Act. In this decision, an individual received a conditional job offer for a non-safety sensitive position, contingent on a drug test. The individual disclosed his state-certified use of medical marijuana to treat anxiety, depression and ADHD, assuring the employer that it wouldn’t affect job performance or safety. After a positive test for marijuana, the employer rescinded the offer, citing safety concerns. The individual sued the employer under the Pennsylvania Medical Marijuana Act (“MMA”) and disability discrimination under the Pennsylvania Human Relations Act (“PHRA”). The Court allowed the individual’s claim under the MMA to proceed, potentially creating substantial precedent for tolerance of individual medical marijuana use in non-safety sensitive positions. The Court specifically noted that MMA protects individuals not just from discrimination based on card holder status, but also for adverse actions based solely on lawful medical marijuana use. The Court otherwise dismissed the individual’s claims under the PHRA because the PHRA does not require employers to accommodate medical marijuana use, even if it is prescribed for a legitimate medical condition. While a Pennsylvania decision, this decision potentially has rippling implications that will affect Massachusetts employers and employers in states where medical marijuana use is allowed under state law, which is allowed in some manner in 44 states. Employer Takeaways 1. Understand State-Specific Protections : Laws regarding medical marijuana use differ widely across states. In some areas, cardholder status is protected, while in others, it is not. Employers operating in multiple states must ensure their hiring and accommodation practices comply with the relevant laws in each state. 2. Base Safety Concerns on Job-Specific Evidence : General or speculative safety concerns are insufficient, particularly in states with strict employee protections. Safety risks cited should be specific, evidence-based, and directly related to the essential functions of the job. 3. Review Drug Testing and Accommodation Policies: Update your policies to reflect current state laws and clarify how your organization manages disclosures of medical marijuana use, especially during the hiring process . If you have any queries regarding drug testing or other workplace accommodations following this ruling, it is prudent to contact legal counsel. If your business has any questions on this topic or any other matters, please do not hesitate to contact the attorneys at The Royal Law Firm at 413-586-2288.
March 28, 2025
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