November

With all the changes to state laws now permitting recreational and medical marijuana use, HR professionals are understandably feeling dazed and confused. Employers with employees who use medical marijuana will have to do some studying into the employee's job requirements. Generally speaking, an employer does not have to allow for an employee to be actively under the influence while at work. But an accommodation may be necessary, depending on the nature of the job and the safety and other sensitivities of the position. Once an employer is provided notification that an employee is a medical marijuana user, that employer needs to be especially careful how it uses that information and how far it goes in asking for more. Employers in states allowing for the use of medical marijuana should familiarize themselves with the relevant statutes and, in particular, determine whether their state statute requires that accommodations be made.

The University of Southern California recently terminated Steve Sarkisian, their head football coach. The firing came after a cavalcade of headlines that Sarkisian was increasingly showing up at practices, team functions, and even games allegedly under the influence of alcohol. The way USC handled the situation with a high-profile employee offers instruction on how to handle employees with substance abuse issues out of the public eye. The disease of alcoholism meets the definition of a disability, which means that an employer can't take into account that an employee is an alcoholic when making employment decisions. However, an employer may maintain a blanket prohibition on drinking at work that applies to both alcoholics and non-alcoholics alike. An employee who can't meet those standards because of drinking may be disciplined, whether they are an alcoholic or not.

With the enactment of the Arizona Medical Marijuana Act (AMMA) in 2010, the number of medical marijuana card holders in Arizona is over 65,000 and growing. Chances are your business does or will employ one of them. This article will answer the five most pressing questions facing Arizona employers with the goal of helping them avoid the legal weeds surrounding medical marijuana in the workplace. 1. Can employers discipline or refuse to hire an employee|applicant because he|she is a medical marijuana cardholder? No. The AMMA prohibits employers from discriminating against individuals who are authorized to use medical marijuana. 2. What if the employee|applicant tests positive for marijuana use? Doesn't matter. Although Arizona employers are permitted to drug test their employees or applicants, the AMMA protects medical marijuana cardholders who test positive for marijuana from adverse employment action based solely on the positive test results.