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Browse All > CLE Seminars

CBD, THC, and the Wisconsin Fair Employment Act 2025

Product ID: CA3796R7
Presented By: State Bar of Wisconsin PINNACLE

A dank dilemma

As cannabis legalization expands in neighboring states like Illinois and Michigan, Wisconsin employers and attorneys face complex questions around drug testing and discrimination. An employee may use marijuana legally in another state over the weekend, only to return to work Monday and fail a drug test under their Wisconsin employer’s zero-tolerance policy.

This scenario raises critical questions about employee rights and employer responsibilities, especially under the Wisconsin Fair Employment Act, which prohibits discrimination based on the lawful use of products during non-working hours. Understanding where the lines are drawn between legality, policy enforcement, and anti-discrimination protections has never been more important.

Clear the air

At CBD, THC, and the Wisconsin Fair Employment Act, you’ll gain a better understanding of how federal and state laws diverge, how the 2018 Farm Bill reshaped hemp legality, and what every legal advisor must know to counsel clients properly.

Read More ↓

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Pricing

Member $99.00

Non-Member $149.00

Credits

1 CLE

Date and Time

Friday, August 01, 202512:00 PM - 12:50 PM CT

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Maximum quantity must be less than or equal to 1.

A dank dilemma

As cannabis legalization expands in neighboring states like Illinois and Michigan, Wisconsin employers and attorneys face complex questions around drug testing and discrimination. An employee may use marijuana legally in another state over the weekend, only to return to work Monday and fail a drug test under their Wisconsin employer’s zero-tolerance policy.

This scenario raises critical questions about employee rights and employer responsibilities, especially under the Wisconsin Fair Employment Act, which prohibits discrimination based on the lawful use of products during non-working hours. Understanding where the lines are drawn between legality, policy enforcement, and anti-discrimination protections has never been more important.

Clear the air

At CBD, THC, and the Wisconsin Fair Employment Act, you’ll gain a better understanding of how federal and state laws diverge, how the 2018 Farm Bill reshaped hemp legality, and what every legal advisor must know to counsel clients properly.

Read More ↓

John M. Chick is an associate attorney in the Madison office of Hawks Quindel, S.C, where he practices plaintiff-side labor and employment law. He frequently represents individual workers in wrongful discharge and employment discrimination claims. John graduated from the University of Wisconsin Law School with a concentration in labor and employment law. His writing about labor and employment law issues has been featured in The Wisconsin Law Review and The State Bar of Wisconsin Labor & Employment Law Section Blog.

12:00 p.m. Introduction and roadmap

12:05 p.m. Lawful Product Discrimination Generally

  • Elements of the claim
    o Employee
    o Used/did not use lawful product
    o Off employer’s premises
    o Outside of working hours
  • Limits of the Claim
    o Does not include:
    • Off-label prescription use Miller v. Menard
    • But, could raise ADA issues!
  • Services Hoyer v. Calumet
  •  Illegal/unlawful products
  • Discrimination in insurance pricing for users of the lawful product
  • Affirmative Defenses
    o Nonprofit engaged in advocacy related to lawful product
    o Impairs job related functions
    o Conflicts with bonafide occupational qualifications of the job
    o Create conflict of interest
    o Use/nonuse conflicts with other laws
  • Relationship to other claims
    o ADA/Disability discrimination
    o Arrest & conviction record (especially with alcohol related convictions)

12:25 p.m. The 2018 Farm Bill and lawful hemp products

  • Farm Bill background
    o Hemp product market in Wisconsin
    o THC and CBD
  • Drug testing implications

12:35 p.m. Lawful product discrimination vis a vis lawful hemp products

  • Issues for employees
  • Issues for employers 
  • Unresolved issues
  • Impairs performance
  • Employer notice 
  • Cross-state employees in states where cannabis is legal

12:50 p.m. Program Concludes

  • Gain clarity on how Wisconsin law treats cannabis use across state lines
  • Know how to advise clients on lawful product use and employer drug testing policies
  • Explore how recent rulings impact discrimination claims under the Wisconsin Fair Employment Act
  • Help employers create legally sound drug policies that avoid prohibited discrimination
  • Understand how lawful product discrimination relates to other employment discrimination claims

 

  • Labor and employment lawyers
  • In-house counsel
  • General practitioners

John M. Chick is an associate attorney in the Madison office of Hawks Quindel, S.C, where he practices plaintiff-side labor and employment law. He frequently represents individual workers in wrongful discharge and employment discrimination claims. John graduated from the University of Wisconsin Law School with a concentration in labor and employment law. His writing about labor and employment law issues has been featured in The Wisconsin Law Review and The State Bar of Wisconsin Labor & Employment Law Section Blog.

12:00 p.m. Introduction and roadmap

12:05 p.m. Lawful Product Discrimination Generally

  • Elements of the claim
    o Employee
    o Used/did not use lawful product
    o Off employer’s premises
    o Outside of working hours
  • Limits of the Claim
    o Does not include:
    • Off-label prescription use Miller v. Menard
    • But, could raise ADA issues!
  • Services Hoyer v. Calumet
  •  Illegal/unlawful products
  • Discrimination in insurance pricing for users of the lawful product
  • Affirmative Defenses
    o Nonprofit engaged in advocacy related to lawful product
    o Impairs job related functions
    o Conflicts with bonafide occupational qualifications of the job
    o Create conflict of interest
    o Use/nonuse conflicts with other laws
  • Relationship to other claims
    o ADA/Disability discrimination
    o Arrest & conviction record (especially with alcohol related convictions)

12:25 p.m. The 2018 Farm Bill and lawful hemp products

  • Farm Bill background
    o Hemp product market in Wisconsin
    o THC and CBD
  • Drug testing implications

12:35 p.m. Lawful product discrimination vis a vis lawful hemp products

  • Issues for employees
  • Issues for employers 
  • Unresolved issues
  • Impairs performance
  • Employer notice 
  • Cross-state employees in states where cannabis is legal

12:50 p.m. Program Concludes

  • Gain clarity on how Wisconsin law treats cannabis use across state lines
  • Know how to advise clients on lawful product use and employer drug testing policies
  • Explore how recent rulings impact discrimination claims under the Wisconsin Fair Employment Act
  • Help employers create legally sound drug policies that avoid prohibited discrimination
  • Understand how lawful product discrimination relates to other employment discrimination claims

 

  • Labor and employment lawyers
  • In-house counsel
  • General practitioners
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