Another Washington court has held that an employer lawfully may terminate an employee for using marijuana, even when the employee had a prescription and used it off-duty. After a workplace injury, Safeway tested its employee, Swaw, for drugs. Swaw tested positive for marijuana due to the use of medical marijuana outside of work, subject to a valid prescription. Safeway terminated him for testing positive for a controlled substance pursuant to its drug-free workplace policy. Swaw brought suit, alleging his former employer unlawfully discriminated against him on the basis of a disability. The Court dismissed all of Swaw’s claims, holding that Washington law does not impose upon employers a duty to accommodate medical marijuana in drug-free workplaces and that users of an illegal intoxicant are not a protected class.
Hiring Tips Blog

Washington Court Dismisses Medical Marijuana Claims Asserted by Employee
Jan 1, 2016 | Pre-employment Drug Testing
Recent Posts
- Texas Cannabis Laws Changed — But Employer THC Drug Testing Has Not
- The Delta-8 Dilemma- What Mississippi Employers (and Maybe Those in Other States) Need to Know About Drug Testing Policies and THC Products
- Federally Funded Study Reveals Marijuana Breathalyzer Breakthrough With 3D Printed Roadside Tool Able to Detect THC
- US FAA Proposes Fining American, Southwest Over Alleged Drug, Alcohol Violations
- Americans Support Legalizing Marijuana Home Cultivation Amid Concerns About Pesticide-Tainted Products, Poll Shows
Categories
- Artificial Intelligence Fraud (9)
- Background Check Compliance (112)
- Background Check Laws (73)
- Background Screening (60)
- Biometric Identification (11)
- Consumer Financial Protection Bureau (2)
- Credit Checks (33)
- Criminal History Check (198)
- Data Protection & Privacy (143)
- E-Verify Issues (87)
- Education Verification (10)
- Educational and Childcare Hiring (29)
- EEOC (53)
- Employer Negligence (37)
- Employment Screening (147)
- Fair Credit Reporting Act (113)
- Featured Posts (1)
- Financial Services Hiring (12)
- Healthcare Hiring (13)
- Hiring Legal Compliance (3)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (105)
- IT and Data Security Hiring (12)
- Medical & Pharmaceutical Industry Hiring (17)
- Occupational Fraud (30)
- Pre-employment Drug Testing (209)
- Public Safety Hiring (1)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (25)
- Uncategorized (1)
- Wage History Checks (4)

