Getting Fired for Testing Positive for Medically Prescribed Marijuana: Understanding Your Rights
In recent years, medical marijuana has become an essential treatment for many individuals suffering from health and mental health conditions such as anxiety, PTSD, and chronic pain. However, as recent cases demonstrate, despite its legality, employees can still face job loss or discrimination for using prescribed medical marijuana. In this blog post, we will explore the complexities surrounding termination for medical marijuana use, particularly in the context of medically prescribed cannabis for health conditions. We’ll also discuss the role of discrimination based on health or mental health issues and how the legal framework can either protect or fail workers.
What Happened in a Recent Case?
An employee who had worked for nearly 20 years as a dedicated member of a light rail system’s maintenance team was fired after testing positive for marijuana, despite it being medically prescribed for his anxiety and PTSD. The employee used cannabis in compliance with state medical marijuana laws, which allow the use of marijuana for medical purposes. He informed his employer of his prescription and only used the marijuana after work. However, he was still terminated. When he was offered a new job at a different company, that offer was rescinded after his former employer disclosed his drug test results without his consent. This situation raises critical questions about the rights of employees who use medical marijuana, as well as the broader implications of workplace discrimination based on health and mental health conditions.
What is Discrimination Based on Health and Mental Health Issues?
Discrimination based on health and mental health issues occurs when an employer takes adverse actions against an employee due to their medical conditions or the treatment they are undergoing for those conditions. This can manifest in various ways, including:
- Terminating an employee because of their medical condition.
- Refusing to hire or promote someone due to their health issues.
- Failing to provide reasonable accommodations for an employee’s disability or medical treatment.
- Making inappropriate disclosures of medical information to third parties without consent.
In this case, the discrimination was based on both the employee’s PTSD and their use of medically prescribed marijuana to treat it. The legal framework in both New York and New Jersey offers protections for employees using medical marijuana, but as we see, these laws are not always followed.
Understanding the Legal Landscape: Medical Marijuana and Employment Rights
Medical Marijuana Laws in New York and New Jersey
Both New York and New Jersey have legalized medical marijuana and offer protections to employees who use it for legitimate medical purposes.
- New York: Under New York’s Compassionate Care Act, individuals certified to use medical marijuana are considered disabled, and employers are prohibited from discriminating against them based on their status as a medical marijuana user. This protection extends to preventing adverse employment actions like firing or demotion solely due to positive drug tests for marijuana if the employee has a prescription.
- New Jersey: New Jersey’s Compassionate Use Medical Cannabis Act (CUMMA) offers similar protections. It explicitly prohibits employers from taking adverse employment actions against employees who are registered medical marijuana users. Furthermore, New Jersey law allows reciprocity with other states, meaning that someone who had a medical marijuana prescription in New York should have been protected in New Jersey as well.
Despite these laws, the employee in this case was fired after testing positive for marijuana, even though they had notified their employer about their prescription beforehand. Additionally, when they were offered a new position, their prior employer disclosed their test results without consent, further compounding the harm.
The Americans with Disabilities Act (ADA)
The ADA is a federal law that prohibits discrimination based on disability. Under the ADA, a disability is defined as any physical or mental impairment that substantially limits one or more major life activities. Conditions like anxiety and PTSD, which the employee in this case was diagnosed with, fall under this category.
Although the ADA offers strong protections for employees with disabilities, it does not yet protect individuals who use marijuana, even for medical purposes, because marijuana remains illegal under federal law. This creates a confusing situation where employees may have state-level protections but no federal recourse if they are fired for medical marijuana use.
The Role of Reasonable Accommodation in the Workplace
One of the key issues in this case is whether the employee was offered reasonable accommodation by their employer. Reasonable accommodation is a legal requirement under the ADA and many state laws, requiring employers to make adjustments that allow employees with disabilities to perform their jobs. For someone like the employee in this case, reasonable accommodations might have included allowing them to continue their job as long as their marijuana use did not affect work performance or offering alternative drug testing methods that could distinguish between on-duty and off-duty marijuana use.
However, as outlined in the case, the employer did not offer any accommodations. Instead, they treated the medical marijuana use as a substance abuse issue, leading to the employee’s termination. This is a violation of their rights under both New Jersey law and, potentially, the ADA.
What Are Your Rights If You Are Fired for Medical Marijuana Use?
If you are fired for testing positive for medically prescribed marijuana, it is essential to understand your rights. The legal protections vary depending on your state, but the following steps can help safeguard your rights:
- Notify Your Employer: Always inform your employer if you are using medical marijuana as part of a treatment plan. Keep a record of this communication in case you need it later.
- Know Your State Laws: While federal law still classifies marijuana as illegal, state laws can offer robust protections for employees using medical marijuana. Understand your state’s medical marijuana laws and whether they offer protections against employment discrimination.
- Seek Reasonable Accommodation: If you have a disability and are using medical marijuana to treat it, you may be entitled to reasonable accommodation. Ask your employer if accommodations can be made and document their response.
- File a Complaint: If you believe you were wrongfully terminated, you can file a complaint with your state’s human rights commission or the Equal Employment Opportunity Commission (EEOC). In this case, the employee filed a charge with the EEOC, citing disability discrimination.
- Consult an Attorney: Employment law is complex, especially when medical marijuana is involved. An attorney who specializes in employment law or discrimination cases can help you navigate the process and determine if you have grounds for a lawsuit.
What Needs to Change?
This case illustrates the tension between state medical marijuana laws and federal drug policies, creating a confusing landscape for both employers and employees. To protect workers, several changes need to happen:
- Alignment of Federal and State Laws: Federal law needs to be updated to reflect the growing acceptance of medical marijuana. The current discrepancy between federal and state laws leaves employees vulnerable to discrimination even in states where medical marijuana is legal.
- Clearer Employer Guidelines: Employers need clearer guidelines on how to handle employees who use medical marijuana. Testing protocols should distinguish between on-duty and off-duty use, and employers should be required to offer reasonable accommodations for workers using marijuana to treat a disability.
- Stronger Employee Protections: States should strengthen their employment laws to ensure that employees using medical marijuana are fully protected from discrimination. This includes preventing employers from sharing confidential drug test results without the employee’s consent.
Conclusion
This story is a sobering reminder of the challenges faced by individuals using medical marijuana in the workplace. Despite the legal protections offered by some states like New York and New Jersey, many are still vulnerable to wrongful termination and discrimination. As the legal landscape around marijuana evolves, it’s imperative for employees to assert their rights, and for employers to adhere to the law when it comes to medical marijuana use.
For those who have unjustly lost their jobs due to medical marijuana use, taking legal action is often the most effective way to hold employers accountable and seek justice. With persistent advocacy and changes in state and federal laws, we can strive towards a future where individuals are not penalized for using medically prescribed treatment for their health conditions.
