Employers’ Guide on Medical Marijuana Laws and Workplace Drug Testing

February 15th, 2013 by admin Leave a reply »

Employers’ Guide on Medical Marijuana Laws and Workplace Drug Testing

Early this week, the American Civil Liberties Union of Maine and the McKee Law firm filed a lawsuit on behalf of a Pittsfield employee who was terminated from work because of using medical marijuana.

Brittany Thomas, 24, was allegedly fired by her employer, Adecco Group North America, after testing positive for marijuana use, Bangor Daily News reports.

A press release from ACLU said Thomas is a registered marijuana user. Prior the drug test by Adecco, she informed a company representative that she would “fail” a drug test because she uses marijuana for severe back pains. When she tested positive for marijuana, she was told she would not be allowed to continue her employment with the company.

McKee said the lawsuit against Adecco is the first employment discrimination case filed in Maine over the use of medical marijuana.

To begin with, Maine is one of the more than 15 states in the U.S. that has medical marijuana law. But given the incident above, a few important questions arise: how exactly do medical marijuana laws apply in a workplace where drug testing is being enforced? what can employers do to avoid being sued by employees who legitimately use marijuana for debilitating diseases while still upholding the organization’s drug-free policy?

Of course, these aren’t easy questions

Article source: http://hometestingblog.testcountry.com/?p=23701