FREEMAN EXPOSITIONS, LLC, Petitioner, vs. THE EIGHTH JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA, IN AND FOR THE COUNTY OF CLARK; AND THE HONORABLE VERONICA BARISICH, DISTRICT JUDGE, Respondents, and JAMES ROUSHKOLB, Real Party in Interest., 520 P.3d 803

Summary

HOLDINGS: [1]-There was an implied right of action under Nev. Rev. Stat. § 678C.850 where an employer did not follow the Legislature's directive that it had to attempt to accommodate an employee who used medical cannabis, unless certain exceptions applied. Accordingly, an employer did not show that writ relief under Nev. Rev. Stat. § 34.160 was warranted to remedy the district court declining to dismiss an employee's claim alleging a violation of the employer's duty to provide reasonable accommodations for his medical needs; [2]- The employer showed that writ relief was warranted as to the employee's tortious discharge claim because under § 678C.850(3) employers had to "attempt" to accommodate their medical needs; [3]-No particular response by employers was mandated. Therefore, the public policy protected was not so strong and compelling as to support a claim for tortious discharge.