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Termination for Use of Marijuana
All U.S. states, and the federal government, have laws which prohibit discrimination in employment. These laws usually prohibit discrimination on the basis of things like race, religion, sex, and disability. However, the vast majority of American jurisdictions allow an employer to fire an employee for using illegal drugs. They also usually allow employers to conduct drug tests.
However, some states have legalized the use of marijuana for medical purposes. This fact calls into question whether employers in those states are allowed to fire someone who uses marijuana for medical reasons.
A special focus is made to the laws prohibiting discrimination based on disability; they require employers to make “reasonable accommodations” for disabled employees to enable them to do the job. It could be argued that any condition for which the use of marijuana is indicated (glaucoma, muscle spasms, side effects of cancer treatment, etc.) constitutes a disability, and that an exception to the employer’s anti-drug policy in such cases would be a “reasonable accommodation.”
At least one state has answered this question. The California Supreme Court recently held that employers may fire employees for marijuana use, whether or not it is for medical reasons. Because marijuana is still illegal under federal law, and has a potential for abuse, requiring employers to modify their drug policies is not seen as a reasonable accommodation.
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