Buzz Kill: When Can Employers Terminate Employees Who Legally Use Marijuana?
The legalization of recreational and medicinal marijuana in several states, combined with the illegality of all marijuana use and possession under federal law, has created a legal maze for employers trying to establish and enforce workplace drug policies. Further complicating this issue are state and federal disability laws that may protect an employee’s use of medicinal marijuana. This session will cover applicable laws and recent court decisions to help employers navigate this still-emerging body of law. You will leave this session with an understanding of:
- Federal and state laws that affect workplace drug policies and how to create defensible employment policies.
- Medicinal marijuana protections under the Americans with Disabilities Act and how to prevent litigation.
- The top mistakes to avoid when drafting and enforcing drug use policies.
R. Scott Oswald
SHRM member Scott Oswald is an accomplished trial lawyer who has brought more than 40 trials to verdict, tallying more than $300 million in judgments and settlements. As managing principal at The Employment Law Group, he represents employees and whistleblowers in matters ranging from wrongful termination to corporate fraud. Mr. Oswald serves as chair of the Federal Bar Association's Qui Tam Section, which focuses on whistleblower law. He earned his law degree at Howard University and is a fellow of the elite College of Labor and Employment Lawyers. He has been recognized by Super Lawyers, Best Lawyers, Lawdragon, and more.