Are Multi-State Employers “Rolled Too Tight” on their Drug Testing Policies?

Thirty-three states, the District of Columbia and Puerto Rico now have passed laws legalizing marijuana in some form. Eleven of those states have legalized its use for recreational means. The state of Illinois will enact the most expansive recreational law to date in January, leaving employers in a haze with respect to the risk assessment for drug testing employees for marijuana. About 15 states, including Arizona, Connecticut, and Pennsylvania, have employment protections for medical marijuana users, stating that off-duty medical marijuana use is protected. In response, many employers have implemented reasonable accommodation processes when applicants or employees test positive, but they still may fire employees for being under the influence of or impaired by marijuana while at work. Those in safety-sensitive positions face an even greater risk for disciplinary action.

 

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Post By Ken Shafton (2,405 Posts)