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Medical Marijuana in the Workplace: What Employers Need to Know
- State Medical Marijuana Laws
- Conflicting Federal laws
- Discussion of some State/Local Laws
- Inquiring about legal drug use
- Alcohol, Drugs and Disabilities
- Fitness for Duty and the Direct Threat
- Workplace policies
- Case examples, case studies And more!
Overview of the webinar
Most recent laws legalizing marijuana use have been geared towards removing criminal penalties for users, and do not fully address workplace issues posed by medical marijuana. Some state laws explicitly prohibit employers from discriminating against employees because of their status of medical marijuana cardholders. Some may only addresses the impact of a positive drug test for a limited set of job duties, such as public utility workers. Other state laws explicitly indicate that employers need not accommodate marijuana use in the workplace, but are silent on off-duty medical use. A few states explicitly protect employees who test positive for marijuana use and have medical authorization. These provisions place employers in a difficult position by requiring them to look past a positive drug test unless they can show that an employee is impaired due to marijuana use during work hours. Since urine-based drug tests do not actually measure impairment, and there is currently very little guidance from courts in those states, employers are left wondering how they are supposed to meet such a standard. What if you are an employer with a “zero tolerance” drug use policy? Must you now do away with it? Do you have to hire someone who tests positive for marijuana? Can you terminate an employee who does? In this webinar we will address those and other questions regarding medical marijuana at work
Who should attend?
- CEO
- Founder
- Any senior managers
- VP HR
- HR Director
- HR Manager
- HR Generalist
- Safety Director
- Safety Officer
- All managers
Why should you attend?
The line between legal and illicit drug use, particularly when marijuana is involved has become increasingly blurry. Employers in locations with medical marijuana laws who wish to ensure a safe productive workforce need to know what they can and cannot do, what they must and need not do with respect to employees holding prescriptions for medical marijuana. Are they covered under the ADA/ADAAA? If so, once again, what are –and aren’t—you obligated to do? Taking proactive steps to learn your rights and responsibilities before a question arises is the smart thing to do. This webinar will help you do exactly that.
Faculty - Ms.Susan Fahey Desmond
Susan Fahey Desmond is a principal with Jackson Lewis PC. She has been representing management in all areas of labor and employment law for over 30 years. Ms. Desmond is listed in Best Lawyers in America and has been named by Chambers USA as one of America’s leading business lawyers. She has been representing management in the area of labor and employment law since her graduation from the University of Tennessee School Of Law.
Ms. Desmond specializes in the areas of labor and employment and civil litigation, including representing employers in Family and Medical Leave cases, discrimination claims and handling EEOC charges and other administrative complaints through the administrative and judicial process.