According to the ADA, individuals who are using illegal drugs have no right to accommodation (ADA, 1990). Employers have a right to take such tests and sue them in making decisions regarding their employees. In this case, however, medical marijuana is legal in Arizona and the woman might argue that she is therefore not doing anything illegal. Unfortunately for her, the company policy is to follow the federal government laws and not the state laws. The woman might, therefore, unfortunately, have no right to accommodation in this scenario. In addition, the ADA clearly states that it does not override the health and safety guidelines given by the federal laws (Russell, 2012). The state laws of Arizona, thus, do not override those of the federal laws.
The woman may be considered disabled under the ADA since she cannot perform her basic and daily life and work-related activities unless she has taken the prescribed marijuana. She could, therefore, take the case to court and wait for a favorable judgment. However, she could approach the issue from another angle that has higher chances of a favorable ruling. Since Arizona treats employees using medical marijuana as a protected class, she could argue that by firing her, the company was denying her the right she has to these rights (Joanne, 2015).
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If she convinces the court of her disability, she might also argue that she has a right to accommodation of no drug-testing at all as far as marijuana is concerned. She was honest about her condition from the first day, which could work to her advantage in the courtroom. In the past, judges have mostly sided with employers in such cases but the tables could turn to her favor and the case forms a precedent for others to follow in the future (Rachel, 2015).
- Americans with Disabilities Act. (1990). Public Law 101-336. 42 U.S.C. 12111, 12112.
- Joanne, D. (2015). Mass: First Workplace Medical Marijuana Lawsuit Filed. Society for Human Resource Management.
- Rachel E., (2015). Marijuana in the workplace: a hazy issue for employers. Society for Human Resource Management.
- Russell R. (2012). Marijuana and the ADA: Removing Barriers to Employees for Disabled Individuals. Health Matrix, 22 (1), 5-25.
