Reefer madness: employees may use medical marijuana yet be fired for doing so
By Katharine Liao
Despite 20 states allowing the use of medicinal marijuana and two more — Colorado and Washington — allowing recreational marijuana use, employers remain unaffected. Courts consistently find that employers may terminate employees who test positive for marijuana, regardless of whether such employees are using marijuana to treat a disability; whether they were not under the influence on company time; or whether they used or possessed marijuana on company premises.
In fact, state courts in Colorado, Michigan, Washington, Oregon, Montana and California as well as the sixth and ninth circuits agree on two key points that allow employers the option of continuing zero-tolerance approaches to drugs. Specifically, those cases endorse two key propositions. First, employees may be disciplined or terminated for marijuana use, despite state statutes prohibiting discipline for engaging in lawful activity outside of work. Second, employers need not accommodate medical marijuana use as a disability-related condition…
If you are registered and logged in to the site, click on the link below to read the DLA Piper briefing. If not, please register or sign in with your details below.
News from DLA Piper
News from The Lawyer
Briefings from DLA Piper
The ATO has issued a new goods and services tax (GST) determination, GSTD 2014/3, relating to GST and rental guarantee arrangements.
This is an Australian-specific alternative chapter on data protection, which was designed to assist organisations operating in Australia with their new privacy responsibilities.
Analysis from The Lawyer
Shearman & Sterling is making its presence felt in the City, squaring up to magic circle firms and looking to muscle in on key relationships. Private equity house Bridgepoint is one outfit that has had its head turned by the US firm.
A new breed of lawyer is smoothing the path for companies entering emerging or unstable jurisdictions