Mark Neuberger Addresses Employment Law Considerations Related to Cannabis Use
Foley & Lardner LLP of counsel Mark Neuberger was quoted in Society of Human Resource Management article, “Ruling Let Applicants Sue over Rejection for Marijuana Use,” examining workplace cannabis policies and employer drug testing.
“When it comes to cannabis use and drug testing, what an employer can and cannot do is largely governed by state law.” However, Neuberger added that “there are some areas of federal regulation found in heavily regulated industries like commercial trucking, nuclear power plants, and airlines.”
Neuberger noted that most regulations require employees to be provided with test results and an opportunity to respond, often through a designated medical review officer. He further observed that cannabis testing presents challenges because “virtually all of the tests available for use by an employer only measure past marijuana use and cannot … prove the employee is currently impaired.”
Discussing attitudes towards cannabis use, Neuberger cautioned, “I have had many employers tell me, ‘I don’t care if off-duty use is legal; I am opposed to it and don’t want these people working here.’ In some states, they can hold that position; in other states, it would be illegal to do so.”
