In November 2023, Ohio legalized the use of recreational marijuana, becoming the 24th state in the nation to do so. While the law does not yet contain anti-discrimination or employment protection provisions for workers, it’s important for employees to understand what marijuana legalization means when it comes to the workplace. Significantly, employees in Ohio should be aware that an employer may implement their own drug policy regarding marijuana use — and they are not prohibited from taking an adverse employment action in accordance with it.
Regardless of marijuana legalization in Ohio, companies are permitted to maintain a drug-free workplace. This means that employers may administer drug tests and make employment decisions that are based on the results. As long as an employer takes actions that are consistent with their drug-free workplace policy, they are not prohibited from terminating, disciplining, or refusing to hire an employee because of their use or possession of marijuana. Employers may also continue to enforce testing procedures that are in place and take employment actions in accordance with them.
Even with Ohio’s new marijuana law in place, it’s critical for employees to understand that employers have numerous protections. Specifically, an employer may do any of the following:
In light of marijuana legalization, many employers may treat the drug like alcohol when it comes to shaping their workplace policies. However, it’s critical for employees to keep in mind that marijuana can remain in one’s system for up to a month after use. If an employer requires regular drug testing, an employee may be discharged for “just cause” if they are found to be in violation of the workplace drug policy. Employees who choose to use marijuana for recreational or medicinal purposes should review their company’s drug policy and have a clear understanding of what it means, including the procedures for drug testing and any disciplinary measures.
Marijuana is still illegal on the federal level. Employers who contract with the federal government are legally required to maintain a drug-free working environment. Those who are employed by the federal government must refrain from using any type of drugs, whether on-duty or off-duty — despite state law permitting marijuana use.
Under Ohio law, employers are not required to make accommodations for employees who use medical marijuana. In addition, medical marijuana use is not protected by any federal laws, including the Americans with Disabilities Act (ADA). Nevertheless, an employee’s underlying medical condition might qualify for protection under federal law and require a workplace accommodation. If you have a medical condition that is covered under the ADA, you may be eligible to file a cause of action against an employer for failure to provide you with a reasonable accommodation — apart from medical marijuana use.
Ohio’s marijuana law does not contain an employment protection provision for use of marijuana as the laws in other jurisdictions do. In those states, an employer may not discriminate or take an adverse employment action based on an employee’s medical or recreational marijuana use. Nevertheless, an employer may not fire, refuse to hire, fail to promote, or take other illegal employment actions against you based on your underlying disability. In the event you suffered an adverse employment reaction based on your disability — and not a violation of the company’s drug policy — you may be able to pursue legal action.
While an employee may be terminated or disciplined for violating an employer’s drug policy, they may not be subjected to an adverse employment action for a discriminatory reason or in retaliation for asserting their state or federal rights. Both state and federal law prohibit discrimination based on race, color, national origin, ethnicity, sex, religion, military status, disability, age, or ancestry. The law also protects employees who bring a legal claim based on an employer’s discrimination from being subjected to a retaliatory action.
Understanding your rights as an employee can be complex. If you experienced unlawful discrimination in the workplace, it’s vital to have a knowledgeable employment attorney who can advise you regarding your legal remedies. Located in Westlake and offering skillful representation to clients throughout the state of Ohio, employment law attorney Chris Lalak is dedicated to protecting the rights of employees. Contact Lalak LLC today to schedule a free, confidential, no-obligation consultation and learn how we can help.
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