PA medical marijuana statute raises new questions for employers
Dena Calo and Jason Ross, members of the Firm’s Labor and Employment Practice, authored this article in the Pennsylvania Employment Law Letter discussing Pennsylvania’s new medical marijuana statute. The law bars employers from “discriminating” against employees who use medical marijuana with proper documentation. Dena and Jason offer background, analysis and the bottom line of how to approach this.
“You should update existing drug policies and employee handbooks to specify that testing positive for drugs that are illegal under federal law, including marijuana, violates the policy,” writes Dena and Jason. “However, you should also engage in the interactive process with employees who have medical marijuana certifications to ensure that they are complying with the Act, are not under the influence at work, can safely perform their duties, and can perform the essential functions of the job with or without reasonable accommodation.”
To read the full article, click here.