A settlement was recently reached in a Rhode Island lawsuit that the ACLU claims protects medical marijuana patients from employment discrimination. Drug prevention advocates believe the settlement is a setback for employer rights and drug free workplace safety policies.
This settlement comes four years after the RI Superior Court ruled in favor of the plaintiff in the case Callaghan v. Darlington Fabrics Corp. that the fabrics company discriminated against Callaghan when a paid internship was withdrawn when the plaintiff admitted in her pre-hire interview of using medical marijuana. The court determined that Rhode Island’s medical marijuana law that bars discrimination in employment against patient cardholders applies to job applicants like Callaghan.
While this focus was on the hiring, the court affirmed in its lengthy opinion that, “If an employee came to work under the influence, and unable to perform his or her duties in a competent manner, the employer would thus not have to tolerate such behavior.” Callaghan v. Darlington Fabrics Corp., C.A. No. PC-2014-5680, (R.I. Super. May. 23, 2017).
It went on to clarify, "Regardless, this Court agrees that Defendants are not required to make any accommodations for Plaintiff as they are defined in the employment discrimination context. They do not need to make existing facilities readily accessible. Sec. 42-87-1.1(4)(i). They do not need to restructure jobs, modify work schedules, reassign to a vacant position, or acquire or modify devices or examinations. Sec. 42-87-1.1(4)(ii). They do not even need to alter their existing drug and alcohol policy, which prohibits "the illegal use, sale or possession of drugs or alcohol on company property." While that policy provides that "all new applicants who are being considered for employment will be tested for drug or chemical use, " it does not state that a positive result of such test will be cause for withdrawal of the job offer.
Callaghan v. Darlington Fabrics Corp., C.A. No. PC-2014-5680, (R.I. Super. May. 23, 2017)
In the settlement, Darlington Fabrics Corp. agreed to pay the plaintiff $3,500 in back pay, pay all attorneys' fees, and revise its drug free workplace policy to consider applicants who are approved medical marijuana cardholders.
The bottom line for employers is to ensure that they have a written drug free workplace policy and that it has been vetted by their legal counsel. Employers should also ensure that employees are trained and workplace procedures are revised as needed with regard to constantly evolving changes in state marijuana laws and statutes.
