Articles Posted in Drug Testing

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The EEOC has guided employers to accommodate employee use of certain prescribed medications, and excuse failed drug tests that reflect the presence of those drugs — if it is done safely — because those individuals who test positive likely have an underlying disability.

But, when employee self-medicate — like with CBDs for stress and anxiety — not only is there no duty to accommodate, the employee may not be able to establish an underlying disability. Continue reading

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On Monday, I blogged here about an employee using CBD for her migraines who accused her employer of violating the Americans with Disabilities Act. It fired her after she tested positive for marijuana on a drug test at work. One of my takeaways from the post was that particular state and local laws may raise the bar for terminating someone who uses medical or recreational marijuana outside of work.

Well, I’m going to assume that the City Council of Washington, D.C. read my blog and was helping me prove my point. Continue reading

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Last week, I read the news that Sha’Carri Richardson, one of the favorites to win Olympic gold for the United States in the women’s 100-meter dash, was suspended for a month for testing positive for marijuana. As a management-side employment lawyer, I’ll admit that my initial reaction was that she broke the rules and deserved the discipline associated with the infraction.

Then, I thought to myself, that is a really dumb rule. Continue reading

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Image Credit: Pixabay (https://pixabay.com/en/marijuana-scales-legalization-drugs-2754249/)

It’s been a minute since I’ve gotten to blog about the Americans with Disabilities Act and accommodating an individual with a disability and a marijuana card who uses doctor-prescribed marijuana off the clock.

Better dust off the cannabis scales of justice for this one.

Continue reading

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As more states and localities legalize or decriminalize the use of recreational marijuana, the next logical step is to preclude employers from testing for marijuana use as a condition of employment.

Why? It comes does to dollars and cents. Or, perhaps, common sense. Continue reading

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elsaolofsson, CC BY 2.0, via Wikimedia Commons and Cannabis News

No, today isn’t “Bring Your Bong To Work” Day. That’s tomorrow.

But the U.S. Office of Personnel Management (OPM) is finally conceding in this memo that marijuana use may not be a concern when considering the suitability or fitness of an individual working in the federal government. Continue reading

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