Tag: THC positive

Federal Court Denies Summary Judgement for Employer That Terminated a Worker Who Used CBD and Then Tested Positive for THC With medical cannabidiol (CBD) legal in every state, many employers may think this substance poses no issue for their workplaces. However, a federal case in Louisiana may prove otherwise. Recently, the court denied a summary judgment over discrimination claims from an employee's termination for testing positive for tetrahydrocannabinol (THC). Marijuana is still a Schedule I drug under the Controlled Substance Act, which means it is still illegal under federal law. Also, the Americans with Disabilities Act (ADA) does not protect against unlawful drug use. In consequence, this means marijuana users are not covered either. As a result, failing a drug trust for marijuana, possession, or being under the influence while in the workplace are still grounds for termination. Unlike THC, which is psychoactive and is illegal without a prescription in certain states, CBD is legal in every state. The issue concerns how CBD products may still contain small dosages of THC, which may appear on drug tests and lead to failed tests. In the case before the Eastern District of Louisiana, the plaintiff suffered from chronic migraines, which were severe enough to be a disability. The plaintiff, instructed to use CBD oil, experienced significant improvement in her symptoms and job performance. However, her employer, aware of her use of CBD oil, still required her to undergo a drug test. The plaintiff reminded her employer of her use of CBD, which the employer notably allowed. Her doctor also testified how using CBD oil can lead to testing positive for THC. However, the employer insisted that she undergo the test, which came back positive. However, the employer argued the plaintiff was not a "qualified individual" due to her inability to perform an essential part of her job and for testing positive. Therefore, the termination was not because of her disability, so the employer filed for summary judgment. The court denied summary judgment, however, requiring answers for the following three factual issues: Whether the plaintiff was a qualified individual Whether termination was due to a disability Whether permitting a prescribed non-psychoactive CBD oil qualified as a reasonable accommodation and if the employer appropriately accounted for its use in the testing policy. The results of this case remain to be seen and could be the beginning of a new trend in litigation. Therefore, employers should account for the use of CBD products in their policies and procedures. Also, employers should apply caution when dismissing employees for a positive drug test triggered by CBD. Stay updated on all the new rules of compliance with Pre-employ’s free news resources on FCRA, EEOC, and more. Contact a Sales Rep today for more information. Source

Tag: THC positive

Federal Court Denies Summary Judgement for Employer That Terminated a Worker Who Used CBD and Then Tested Positive for THC

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