The Illinois General Assembly has been working on a marijuana legalization bill this session. The Senate Bill would protect employer rights to ban marijuana and discipline employees for use.
Across the country, states are moving to legalize medical and recreational marijuana. In states that legalize recreational marijuana, employers and drug testing services have seen significant increases in positivity rates for marijuana metabolites. Wider marijuana use will require employers to take action to ensure safe work environments for their employees, especially in safety sensitive settings. Drug policies must be updated and must address discrimination concerns. To that end, we are closely monitoring new forms of discrimination claims from medical marijuana users and regarded-as disabled employees. See our recent blog concerning a related Arizona court decision.