When Is It Discriminatory to Fire A Medical Marijuana User?

September 1, 2015
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CBE Policy & Employment Law updates, HR and Staffing, Human Capital Management
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OK, let’s assume that I’m looking to fill another Blogprentice position.

All hires must then pass a background check and drug screen.

She’s killing it in the interview! She’s hired.

Then comes the drug test, which she fails due to the medicinal marijuana she tells me she’s taking because of her epilepsy. So, I rescind the offer.

But, let’s say that, before I rescind the offer, my conditional hire and I have a little chat about her epilepsy, from which I form an opinion about the impact it could have on her ability to perform the essential functions of the job. That is to say, I’m concerned.

So, between the drug test and the epilepsy, I rescind the offer.

Is that OK? Or might I have violated the Americans with Disabilities Act? [Read more at TLNT.com]