Jeremy Gray of Zuber Lawler & Del Duca
Even though California voted down Prop 19, what is the obligation of employers in California and elsewhere to accommodate an employee’s use of medical marijuana?
The proliferation of state laws permitting the use of medical marijuana has added a new wrinkle the already vexing issue of accommodating employee disabilities. The right of employers to drug test employees is widely codified in statutory and case law, and practiced throughout the United States; as is the interrelated right to refuse to hire and/or terminate employees that test positive for illegal drugs. However, these rights to maintain a drug free workplace are colliding with the laws permitting medical use of marijuana. If an employee claims to have a disability that can be treated by using medical marijuana must an employer accommodate the use of an illegal drug, or, can the employer enforce its anti-drug policies and terminate the employee? More...