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
- Identity Verification is Now a Hiring Must-Have
- Utah Department of Public Safety (DPS) Approves Bayometric’s Live Scan Fingerprinting System
- Hair Testing More Reliable for Detecting Illegal Drug Use, HHS Panel Told
- Up in Smoke: Should Businesses Still Drug Test for Marijuana?
- Marijuana’s Restrictive Federal Classification Isn’t Supported by Science, New Study Concludes
Categories
- Artificial Intelligence Fraud (6)
- Background Check Compliance (109)
- Background Check Laws (68)
- Background Screening (57)
- Biometric Identification (10)
- Consumer Financial Protection Bureau (2)
- Credit Checks (33)
- Criminal History Check (194)
- Data Protection & Privacy (131)
- E-Verify Issues (84)
- Education Verification (9)
- Educational and Childcare Hiring (28)
- EEOC (52)
- Employer Negligence (37)
- Employment Screening (144)
- Fair Credit Reporting Act (111)
- Featured Posts (1)
- Financial Services Hiring (11)
- Healthcare Hiring (13)
- Hiring Legal Compliance (3)
- Home Services and Repairs Hiring (6)
- Human Resources & Benefits (26)
- Immigration Issues (99)
- IT and Data Security Hiring (12)
- Medical & Pharmaceutical Industry Hiring (15)
- Occupational Fraud (26)
- Pre-employment Drug Testing (201)
- Public Safety Hiring (1)
- Retail Hiring (14)
- Security Services Hiring (3)
- Social Media (32)
- Transportation Industry Hiring (23)
- Uncategorized (1)
- Wage History Checks (4)

