Oregon Court Rules on Medical Marijuana in the Workplace

The Oregon Supreme Court has ruled that employers don’t have to accommodate employees who test positive for marijuana use, even if they have a medical marijuana card. This ruling allows employers to enforce zero-tolerance drug policies. The courts in California and Washington have recently issued similar rulings.

Emerald Steel Fabricators hired Anthony Scevers in 2003 as a temporary employee. Scevers temporary employment was terminated and was informed that a permanent position was not an option when he revealed he smoked marijuana because of nausea, stomach cramps, and vomiting. Scevers fiiled a complaint with the Oregon Bureau of Labor and Industries claiming discrimination under state disability law. Scevers’ was initially awarded $45,000 in lost wages, benefits and emotional suffering, until the Supreme Court ruling.

The Oregon Supreme Court’s opinion stated, "Under Oregon's employment discrimination laws, employers are not required to accommodate an employee's use of medical marijuana."
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Read “The Impact of Medically-Prescribed Marijuana in the Workplace” by Michelle Reid for more on this topic.