of the
American with Disabilities
Act (ADA) and comparable state laws. Those laws require reasonable accommodation, of the employee’s disability including marijuana use away from work. Today, almost any medical condition, infirmity or impairment will be found to be a disability. It is worth noting that some legal experts argue that because marijuana is illegal under the federal Controlled Substances Act, its use is an illegal activity under federal law and therefore no accommodation is required. This issue is being litigated in both federal and state courts in numerous states and it may be some time before it is resolved. Since state marijuana laws continue
to grow and evolve, employers should review, and if necessary, revise their current drug policies to address any state law changes. Equally important is the need to train all managers and supervisors how to recognize and respond to signs of employee
About the Author Richard D. Alaniz is a partner at Alaniz Law & Associates, PLLC, a labor and employment firm based in Houston. He has been at the forefront of labor and employment
law for
over forty years, including stints with the U.S. Department of Labor and the National Labor Relations Board. Rick is a prolific writer on labor and employment law and conducts frequent seminars to client companies and trade associations across the country. Questions about this article, or requests to subscribe to receive Rick’s monthly articles, can be addressed to Rick at (281) 833-2200 or
ralaniz@alaniz-law.com.
impairment on-the-job. Whether required by state law to confirm a positive drug test before employee termination or not, it would constitute
confirmatory evidence, and would also help insure a safe workplace for all employees. Ultimately, that is the sole purpose of workplace drug testing.
GIVING TUESDAY CHALLENGE
NOVEMBER 1 - NOVEMBER 28, 2023
Be a Visionary – Support FEF Students and Schools
Can YOUR school win one of the three Giving Tuesday trophies and be the envy of the other FEF Schools?
Visit
www.fefinc.org/2023GivingTuesday
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Gifts to FEF are tax deductible and will support students and program.
November 2023 ❘ 33 ®
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