With more states passing laws allowing for marijuana use for medical and recreational reasons, the law regarding an employer’s responsibilities continue to evolve. In Pennsylvania, for instance, the statute lists specific areas in which employers may prohibit employees from working while under the influence of marijuana, such as while operating or controlling government-controlled chemicals or high-voltage electricity. In Massachusetts, the Supreme Judicial Court recently ruled that employers may be held liable for disability discrimination under state law if they fire an individual for using medical marijuana. Many states could follow suite regarding the list of accommodations that are considered to be reasonable.
Zero Tolerance Drug Testing Policies in the Age of Medical Marijuana
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