Yesterday, the Oregon Supreme Court held that employers may fire employees who use medical marijuana despite the employee's claim that disability discrimination laws required the employer to at least try to accommodate the disability for which he used marijuana.
Emerald Steel Fabricators of Eugene, Oregon "has been doing structural and mechanical fabrication, machining, sandblasting and painting since 1975." The employee had worked there fewer than 90 days and needed to pass a drug test to continue work. That's when he confessed his drug use to management. For over a decade, he had experienced anxiety, panic attacks, nausea, vomiting and stomach cramps. A physician declared it a "debilitating medical condition," and opined that marijuana might help. That was enough to get a medical marijuana card.
The employer fired the employee, and the employee filed a claim. An administrative law judge found in favor of the employee. He held that Oregon law requires employers to engage in a "meaningful interactive process" to consider whether it was possible to accommodate the employee's disability.
The employer appealed all the way up to the Oregon Supreme Court. It argued the law protecting disabled workers does not apply to workers who use illegal drugs, and medical marijuana is an "illegal drug" even though its possession and use is not prosecuted under Oregon law.
The Court agreed. It noted that ORS 659A.122 defines "illegal use of drugs" to include drugs that are illegal under state law OR the federal Controlled Substances Act. The Court held that because medical marijuana is considered illegal drug use for this purpose -- even if it is not illegal under other statutes - the employer is "excused from whatever obligation it would have had under ORS 659A.112 to engage in a 'meaningful interactive process' or otherwise accommodate employee's use of medical marijuana."
Jeff Merrick, Oregon Trial Attorney
Injury & Employment Law
503-665-4234
The above is not legal advice. I cannot give you sound advice without knowing more information. It is intended to raise some issues for you to discuss with your own lawyer.
