Tag: marijuana discrimination

How State Bans on Marijuana Discrimination May Affect Employers December 19, 2022 In six jurisdictions, the laws and regulations allow employers to take adverse action against employees if they use marijuana on duty. However, employers cannot take adverse action against their employees for any recreational use of marijuana while off-duty. Unfortunately, employers may find it challenging to tell the difference between the two situations. Some states have enacted laws that provide employment protection for workers that use marijuana recreationally. However, these laws limit how employers can use the results of the taken drug tests. Laws such as these can cause problems for employers. For example, they force employees to rely on subjective evaluations instead of the results of a drug test. Failing to remove an intoxicated employee before an accident could lead to lawsuits against the employer. However, employees can claim discrimination if falsely removed over signs of intoxication. Such claims could include how the employee uses recreational marijuana. In these six states, employers may find it safe to assume that their employees would claim that failed drug tests are insufficient evidence of on-duty drug use. Therefore, employers in these states should consider taking additional actions, such as: Employers should update employee handbooks as necessary. These updates will ensure the company complies with state laws concerning recreational marijuana use, drug testing, and how to use the results. Employers should also ensure that every employee has a copy of the handbook and signs a document acknowledging that they understand the policies. Employers should document any physical evidence of an employee who may have used marijuana or became impaired while on duty, on the employer's premises, or both. Provide at least one employee with training to become certified as a Workplace Impairment Recognition Expert. This training will ensure that someone is qualified to recognize the signs of an employee impaired by marijuana during work or while on the employer's premises. Keep up with the latest technological developments in testing for marijuana impairment for products that can accurately detect current impairment. Stay up-to-date on federal, state, and local laws in this area and consult with legal counsel on how best to respond to any changes in the laws or regulations. Federal Laws In most situations, the federal government states that state and local law enforcement should deal with all marijuana-related activity. However, the federal government has imposed strict bans on the use of marijuana in some industries and sensitive positions. Industries and sensitive jobs include: Safety-sensitive transportation industries, National security, Law enforcement, Public health or safety, The protection of property and life, and Other jobs that necessitate a significant amount of confidence and trust. Final Thoughts Employers must follow federal laws in industries and situations where federal laws take precedence. Otherwise, employers should become familiar with state laws and ensure that their workplace policies comply with them and follow them consistently. Keep your business up to date on new laws and regulations with Pre-employ’s free news resources. Contact a sales rep today. Source

Tag: marijuana discrimination

How State Bans on Marijuana Discrimination May Affect Employers

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