Employers are searching for answers regarding the upcoming legalization of marijuana for recreational use. Although employers have a legal duty to accommodate workers who are addicted to marijuana in the same manner as those addicted to alcohol and other substances, a zero tolerance policy still is permissible for those in safety sensitive positions. The plaintiff in Aitchison v L&L Painting and Decorating Ltd. suffered from a degenerative disc disease and was prescribed medicinal marijuana, which would need to be smoked at work. The doctor, however, testified that this was never authorized and the court ruled against the employees argument that the companys zero tolerance policies for drug use was discriminatory based on his safety sensitive position.
