effects on new marijuana law on employer screening

In My Humble Opinion
1

OK so now several states are making marijuana legal.

Has anyone given consideration to the many employers who require urine and/or hair testing for marijuana use?

What if a state like Indiana, which still has Marijuana as illegal, rejects a potential new employee due to it being detected on urine or hair testing. Shouldn’t this now be no longer screened for? All the person applying in Indiana for a new job has to claim, is that they either just moved here from Colorado, or vacationed there last week.

Could the rejected person sue?

2

You can sue the Speaker of the House for not being a hamster. You can sue anybody for anything. Whether you will win or not, that is the question.

3

point well taken, but shouldn’t testing for past MJ use now be removed as a condition of employment in any state?

4

Employers can discriminate as to who they will hire and continue to employ as long as the employee in question is not a member of a protected class.

5

I don’t see why you’d have much of a case. Employers can refuse to hire people for doing things they don’t like, even if those things are legal.

Medical Marijuana use might be more of an issue. I imagine some states might have laws against rejecting employees based on their medical status, assuming that medical status wouldn’t interfere with their work.

6

Right, and all marijuana use is illegal under federal law regardless of what any state might say. Even employers in Washington & Colorado will still be able to fire anybody who tests positve for marijuana.

7

My husband had a job once where he had to take a breathalyzer along with the standard “whiz quiz” (as my sister called it in the Army). Alcohol is legal where we live. (I suppose eliminating people who are dumb enough to show up drunk to a job interview would be a good idea.)