• FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR

  • LOGIN
  • SIGN UP FREE

HR Morning

  • FREE RESOURCES
  • PREMIUM CONTENT
        • SEE MORE
          PREMIUM RESOURCES
  • HR DEEP DIVES
        • Coronavirus (COVID-19) Resources for HR Professionals
          Employment Law
          Labor Law Posting Requirements: Everything You Need to Know
          Recruiting
          businesswoman selecting future employees on digital interfaces
          Recruiting Resources for HR & Hiring Managers
          Performance Management
          vector image of young female making star rating
          Performance Review Resources
          Employment Law
          Understanding Equal Employment Opportunity and the EEOC
          Recruiting
          Onboarding Resources for HR & Hiring Managers
  • CORONAVIRUS & HR
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • Performance Management
  • HR Technology
  • More
    • Leadership & Strategy
    • Compensation
    • Staff Administration
    • Policy & Procedures
    • Wellness
    • Staff Departure
    • Employee Services
    • Work Location
    • HR Career & Self-Care
    • Health Care
    • Retirement Plans

Pot in the workplace: New ruling will spark drug policy changes

drug policy, medical marijuana
Christian Schappel
by Christian Schappel
August 30, 2017
2 minute read
  • SHARE ON

Another court has handed down a ruling on a company’s drug policy, and courts now seem to be sending a very clear message to employers: Don’t automatically terminate marijuana users with legal prescriptions just because they failed a drug test. 
The most recent ruling involved Katelin Noffsinger, who was recruited to take over as director of recreational therapy at Bride Brook, a nursing facility in Niantic, CT.

Job offered, then rescinded

Noffsinger was prescribed a daily dose of Marinol (synthetic marijuana in capsule form) to treat symptoms of her post-traumatic stress disorder.
When she was offered the job, she was asked to undergo a routine drug screening. She then disclosed her prescription and provided a medical certificate that explained she only took Marinol before bed, so she wouldn’t be impaired at work.
Regardless, Bride Brook rescinded the job offer. So Noffsinger sued, claiming Bride Brook violated the state’s medical marijuana anti-discrimination law.
Bride Brook argued federal law, which still classifies marijuana as an illegal substance, supersedes the state’s medical marijuana statute, so it could terminate her for failing the drug test.
But the court disagreed with Bride Brook. It said federal drug law doesn’t make it illegal to employ a marijuana user nor “does it purport to regulate employment practices in any manner.”
In addition, the court said that just because the ADA allows drug testing doesn’t mean the law is meant to stop states from adopting laws to prohibit employers from taking actions against someone who fails a drug test.
Result? Noffsinger’s discrimination lawsuit will move on, which means Bride Brook is facing an expensive legal battle or settlement.

Conflicting federal, state regs

This ruling comes right on the heels of another lawsuit involving an employee who was fired for using legally-prescribed marijuana. So what should employers take from these rulings?
Depending on how your state’s laws are structured, you may be obligated to seek accommodations for marijuana users – up to and including allowing them leeway under drug testing policies (as long as they don’t work under the influence and/or create a safety risk).
Because 29 states and DC now have laws permitting the use of medical marijuana, HR pros need to consider this interpretation of conflicting federal and state regs on medical marijuana and possibly adjust their own drug policies accordingly.
As Squire Patton Boggs attorney Jill Kirlila warns:

“Employers should be cautious when making any adverse decisions related to an employee’s use of medical marijuana.”

Cite: Noffsinger v. SSC Niantic Operating Company LLC, 8/8/17.

Get the latest from HRMorning in your inbox PLUS immediately access 10 FREE HR guides.

I WANT MY FREE GUIDES

Keep Up To Date with the Latest HR News

With HRMorning arriving in your inbox, you will never miss critical stories on labor laws, benefits, retention and onboarding strategies.

Sign up for a free HRMorning membership and get our newsletter!
  • This field is for validation purposes and should be left unchanged.
HR Morning Logo
  • Facebook
  • Twitter
  • Linked In
  • ABOUT HRMORNING
  • ADVERTISE WITH US
  • WRITE FOR US
  • CONTACT
  • Employment Law
  • Benefits
  • Recruiting
  • Talent Management
  • HR Technology
  • Performance Management
  • Leadership & Strategy
  • Compensation & Payroll
  • Policy & Culture
  • Staff Administration
  • Wellness & Safety
  • Staff Departure
  • Employee Services
  • Work Location
  • HR Career & Self-Care

HRMorning, part of the SuccessFuel Network, provides the latest HR and employment law news for HR professionals in the trenches of small-to-medium-sized businesses. Rather than simply regurgitating the day’s headlines, HRMorning delivers actionable insights, helping HR execs understand what HR trends mean to their business.

Privacy Policy Terms of Service
Copyright © 2021 SuccessFuel

WELCOME BACK!

Enter your username and password below to log in

Forget Your Username or Password?

Reset Password

Lost your password? Please enter your username or email address. You will receive a link to create a new password via email.

Log In

During your free trial, you can cancel at any time with a single click on your “Account” page.  It’s that easy.

Why do we need your credit card for a free trial?

We ask for your credit card to allow your subscription to continue should you decide to keep your membership beyond the free trial period.  This prevents any interruption of content access.

Your card will not be charged at any point during your 21 day free trial
and you may cancel at any time during your free trial.

preloader