Are there special considerations for employers regarding medical marijuana use?
Yes, there are special considerations employers should take into account when it comes to medical marijuana use in the state of Washington. The Washington State Human Rights Commission (WSHRC) has issued guidance for employers to ensure they are providing equitable treatment to employees who use medical marijuana. The WSHRC states that employers should not discriminate against individuals who use medical marijuana to treat a medical condition. This means that employers should not deny a job or promotion due to an individual’s use of medical marijuana, and they should not take any disciplinary action against an individual using medical marijuana in accordance with state law. Employers must also prove that any policy restrictions or disciplinary actions taken against an employee using medical marijuana are job-related and consistent with the employer’s business needs. Additionally, employers should not force medical marijuana users to take drug tests beyond the normal drug tests required by employers. If an employee fails a drug test due to the presence of marijuana, employers should consider the employee’s medical marijuana status before taking any disciplinary action. In short, employers in Washington should make sure they are familiar with the laws regarding medical marijuana use and tread carefully when it comes to making decisions about employees who use medical marijuana in accordance with state law. Employers should ensure that any policy restrictions or disciplinary actions taken against an employee using medical marijuana are job-related and consistent with the employer’s business needs.
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