Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: Do we have to accommodate an employee on medical marijuana?
Question:
One of our workers just failed his drug test, but he informed us that he’s using medical marijuana. Problem is, we have a pretty strict anti-drug use policy. Can we fire him, or do we have to accommodate him?
Answer:
You’re within your rights to fire him, says Rich Meneghello (rmeneghello@laborlawyers.com) of the law firm Fisher & Phillips.
Under federal law, you’re free to apply zero-tolerance policies on drug use and other inappropriate behaviors.
You can discipline staffers who violate the policy, and refuse to hire applicants who fail drug screenings — regardless of their medical marijuana registry status.
Tip: Issue the policy in writing to all employees, informing them that medical marijuana is prohibited just like any other “recreational” substance.
