It appears that Ohio’s proposed off-duty conduct law is a whole lot worse for employers than Colorado’s similar (but very different) statute. Ohio’s proposed off-duty conduct law would prohibit an Ohio employer from terminating an employee for off-duty marijuana use if Issue 3 passes, with the decision of the Colorado Supreme Court in Coates v Dish Network. Ohio’s Senate Bill 180 prohibits an employer from taking an adverse action against an employee “because the person exercised a constitutional or statutory right.” If Issue 3 passes, it would amend Ohio’s constitution to legalize the sale and use of marijuana. An employee’s lawful use of marijuana outside of work would constitute the exercise of a constitutional right, and a termination for that reason would violate SB 180. An employer, therefore, would violate Ohio’s version of the off-duty-conduct law by terminating an employee for off-duty marijuana use.

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