Skip to content
  • Home
  • Medical Supplies
  • Medical Insurance
  • Healthy Lifestyle
  • Medical Treatment
  • Healthy Diet
  • Healthy Parenting
  • About Us
cdnaas

cdnaas

everything health

CBD Oil Discrimination Case Highlights Challenges Employers Face With Drug Tests for Marijuana

Posted on May 29, 2022 By Sharika Soukup

Under federal law, marijuana is still an illegal, Schedule 1 drug. This means that employers do not need to accommodate medical marijuana use under the ADA, even if marijuana is decriminalized or legalized under state law. CBD oil is a substance derived from the hemp plant, contains low levels of THC, and is legal.

What happens under the Americans with Disabilities Act when an employee with a disability is fired for a positive drug test for marijuana but claims that it’s a false positive for legally recommended CBD oil?

Faced with this exact scenario, a federal district court refused to dismiss an ADA suit on summary judgment.

In Huber v. Blue Cross & Blue Shield of Florida, Inc., the employee was a longtime migraine sufferer who took CBD oil for years at the recommendation of her physicians. She was asked to take a drug test in connection with her work on a federal contract. When she tested positive for marijuana, she submitted documentation from her physicians on her CBD oil use to explain the result. Her employer rejected that explanation and relied on a drug testing consultant’s finding that the test levels of THC were inconsistent with CBD oil use. The employee was terminated under the employer’s drug-free policy and brought suit. The employer terminated two nondisabled employees during the same round of testing, one of whom also claimed he was a false positive caused by CBD oil.

In its opinion denying dismissal of the suit, the court:

    • Determined that it was undisputed that the employee’s migraines qualified as a disability
    • Found issues of fact whether a negative drug test was needed for the employee’s job, where she did not directly work under a federal contract
    • Rejected the opinion of the drug testing consultant, including by taking judicial notice of a state law statute that provided higher threshold for excusable range
    • Held that the employer did not offer a reasonable accommodation for the employee for her disability and CBD oil use under the ADA by failing to account for the false positive

This case highlights the following takeaways as employers navigate the ever-evolving law on medical marijuana:

    • Think twice before taking adverse action on a positive drug test for marijuana under a drug-free policy.
    • Offer an employee the chance to explain a positive drug test.
    • Make sure to account for false positives when testing for marijuana.
    • Assess whether to update drug testing policies addressing marijuana, including at the pre-employment stage.
    • Consider whether or not to include drug testing for marijuana for non-safety sensitive positions and positions not governed by federal contracts.

Employers should keep in mind that state law employment protections may differ from federal law. Whether or not an employee should be accommodated under state law for medical marijuana use is a complex question that depends on the state.

https://www.lexology.com/library/detail.aspx?g=f1559898-e9e4-4fe0-a703-750677ce0c8d

Tags:case, CBD, Challenges, discrimination, drug, employers, face, highlights, Marijuana, Oil, Tests

Post navigation

Previous Post: Global Vapour Barrier Films Market Top Key Players Analysis 2022-2029
Next Post: Bayshore HealthCare achieves platinum status, wins Canada’s Best Managed Companies award for 16th straight year

Recent Posts

  • Boosting Children to Become Successful Customers of Culture
  • Why Does My Well being Insurance policy Want Me To Fill Out A Type Soon after I’ve Been Hurt In An Accident?
  • Is a Vegan Diet Better For Your Hair and Pores and skin?
  • What Are Functional Expertise And Why Does My Kid With A Incapacity Want Them?
  • Find out Cyprus – Prime 10 Great Factors to Go and Establish Your Business enterprise in Cyprus!

Archives

  • November 2023
  • October 2023
  • September 2023
  • August 2023
  • July 2023
  • June 2023
  • May 2023
  • April 2023
  • March 2023
  • February 2023
  • January 2023
  • December 2022
  • November 2022
  • October 2022
  • September 2022
  • August 2022
  • July 2022
  • June 2022
  • May 2022
  • April 2022
  • March 2022
  • February 2022
  • January 2022
  • December 2021
  • November 2021
  • October 2021
  • September 2021

Copyright © 2023 cdnaas.

Powered by PressBook Green WordPress theme