Case Study: An Arizona woman was fired from her job for using medical marijuana,
ID: 430618 • Letter: C
Question
Case Study: An Arizona woman was fired from her job for using medical marijuana, which was legally obtained for medical reasons related to a diagnosis of post-traumatic stress disorder (PTSD). She is considering whether to sue her former employer for discrimination under the Americans with Disabilities Act and ADAAA. She had been in a serious car accident just over a year ago and the Jaws of Life were used to extricate her from her demolished vehicle. When she came out of her coma and after she was released from the hospital, she suffered from tremors and panic attacks. She informed her former employer before being hired that she had the required certification from her physician allowing her to purchase marijuana under her state’s voter-approved medical marijuana law and had a registration card for verification. The medical marijuana aids her in alleviating anxiety and keeping her in a calm state necessary for her to function steadily in any work she maintains. She does not use the substance during the work day, but uses it before she goes to work and at bedtime. She claims she does not sense the proverbial “high” that most people associate with smoking marijuana. She advised her former employer that if drug testing was required, she would test positive for the medical marijuana. The employer hired her anyway, leading the woman to believe that her use of medical marijuana was not an issue for the employer. The employer maintains the company has a zero-tolerance workplace. Within a month of her employment as a data entry clerk, she was randomly selected to be drug tested. Again, she advised her employer of her allowed medical marijuana use, and also informed the testing site lab where she signed a consent form to be tested. As expected and as she advised, she tested positive for marijuana and resultantly was terminated. She contacted the Human Resource Department to protest her termination claiming she should be given an ADA accommodation, but the HR representative informed her the company follows federal law in this regard to medical marijuana use because they conduct business with the federal government. Arizona treats employees using medical marijuana as a protected class. The woman is contemplating suing the company for wrongful termination and discrimination under the Americans with Disabilities Act (ADA) and ADAAA, and violations of her state rights as a protected class employee under Arizona law. She believes she should be reinstated in a same or similar position with back pay and an accommodation given to excuse her from drug testing due to her medical disability, which interferes with basic and daily life and work-related activities unless she is able to take her prescribed medical marijuana.
Here is the question: • Describe whether the requirements of disability eligibility under ADA and ADAAA are applicable in this circumstance, and discuss whether or not the woman has any valid claim and is entitled to any accommodation. Support your position using federal and state laws or statutes, including any legal cases on the matter
Explanation / Answer
United States Supreme Court has ruled that medical necessity for Marijuana use was not supported by the Controlled Substances Act. The Congress does not include this under exceptions. Congress approved the initiative in 1996.
Medical necessity statute is unavailable. The Congress has unambiguous legislation to preclude the use of necessity exemption. The case thus will be dismissed even by the Supreme Court. Title I of the Americans with Disabilities Act permits recruiters to ensure that the workplace is free from the illegal use of alcohol, and, drugs.
The Arizona woman will not be reinstated.