These provisions place employers in a difficult position by requiring them to look past a positive drug test unless they can show that an employee is due to marijuana use during work hours.Since urine-based drug tests do not actually measure impairment, and there is currently very little guidance from courts in those states, it is not clear how employers in those states are expected to meet this standard.More particularly, 7.5 million retail jobs are expected to become automated over that time period, and cashiers are the most likely to be affected.The study, which was released by Cornerstone Capital Group, revealed that the 16 million Americans who work in the retail industry make up 10 percent of the nation’s workforce and generate 6 percent of the United States’ gross domestic product.
In that regard, employers should never react based on stereotypes of marijuana users.However, he was later terminated when he received a work assignment requiring a drug test – which he failed.In the pending suit in Federal Court, Barrett alleges that he is disabled under the New Jersey Law Against Discrimination (“NJLAD”), and that the staffing agency failed accommodate his medical marijuana use.In the absence of legislative action, some employees have tried to argue that their medical marijuana use is protected under disability discrimination laws. Circuit Courts, have ruled that off-duty marijuana use can be a reasonable accommodation. In New Jersey, there have been several recent lawsuits filed by employees claiming that their employers failed to accommodate their disabilities by allowing medical marijuana use.Under the Americans with Disabilities Act (“ADA”) and similar state laws, employers must reasonably accommodate disabled employees absent a showing of hardship by the employer. These cases illustrate the tension between the rights of disabled employees to treat their medical conditions, and the rights of employers to ensure a safe workplace for employees and customers.However, employers in New Jersey, Pennsylvania and other states should stay tuned in to legal developments in this area, in case medical marijuana (like telecommuting before it) becomes the next hot topic in disability accommodation law.