Is employer bias against cannabis use workplace discrimination?
All of us know friends and family members who
have been fired unfairly or been
discriminated against at work. It seems like employers can always find creative reasons to fire someone, regardless of whether it’s legal or not.
Currently, there’s a new area of employment law that’s being debated in California: As marijuana laws continue to change, how does this affect workplace discrimination against medical marijuana patients? While marijuana may be legal for adults 21 and over, you can still lose your job for marijuana use while you are not at work—regardless of whether it was medically prescribed or not.
Legally, California employers are allowed to deny employment opportunities or cease employing someone based on their cannabis use, regardless of whether cannabis was medically prescribed.
Are there efforts to change the law?
There are efforts to change the law but as of 2021—even though California has legalized the use of both recreational and medicinal marijuana—an employer still has a right to refuse to hire someone or make workplace accommodations to those who have tested positive for the drug. In fact, California’s highest court has written that the state’s legalization statute did not give marijuana the same status as legal prescription drugs.
With regard to the drug’s illegal status under federal law, the court held that
the state’s disability-discrimination statute did not require employers to accommodate illegal drug use. But the times continue to change. That’s why our employment attorneys will continue to monitor and study this debate.
Know Your Rights | Tell Us YOUR Story.
Because California is an “at-will” employment state (employers are free to terminate employees at any time) employees think that they have no rights. Nothing could be further from the truth. Learn more about your employee rights.
Contact us today.
Lawyers for Employee and Consumer Rights (LFECR) is a leading California employment law firm. With more than forty remote attorneys, LFECR is prepared to work on behalf of their clients anywhere in California.
Fired unfairly? Take advantage of a free legal consultation with LFECR.
If you have concerns about workplace discrimination and how it impacts your wellness, the Lawyers for Employee and Consumer Rights can help.
Call
us today for a free and confidential consultation to get the help you need and deserve.
