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The use and/or abuse of alcohol or drugs may lead to health, safety and productivity risks. To guard against such risks, drug–free workplace programs are formulated. A drug-free workplace policy, employee education, employee assistance, drug testing, and supervisor training are five elements of a drug-free workplace program. There may be changes to the program depending on the work environment in each work place. Few questions relating to a drug free workplace policy have been answered below. Q. If an employee is consuming medical marijuana, would it be legal for a company to terminate him/her because of the workplace policy?
If the company has reasonable doubt that marijuana was used by an employee, then as per the testing policy the company may subject the employee to a test. The company may terminate an employee based on the workplace policy though the employee has a prescription. Q. The state of Ohio follows a drug-free workplace program. As per this program, an employee should go through a drug test to ensure that he/she was not under the influence of any drug or alcohol if they were to meet with an accident. Is this legally enforceable?
The doctrine of “innocent until proven guilty” is associated with criminal charges. As the above situation is not a criminal proceeding, it is legal for one to be subjected to a test for drug and alcohol abuse. In addition, the employee would have agreed to the terms of the employment, which would make it legal for him/her to be subjected to a test. Q. If the company’s drug abuse policy is violated; would it be considered a protected activity if it were to be reported?
In the event that there is a violation of the company’s policy and if someone reported it, it would be considered a protected activity. If one were to be terminated due to reporting a violation and could prove it, then the company may be sued for retaliation. However, if the company has a valid business reason for the termination, then it would be well within their rights to take such an action. Q. Is it legal for a company to allow a male colleague to show prescription side effects while a woman employee is asked to resign without being given a chance to do so?
If a company has terminated an employee as they had reasonable doubt, then they have the legal rights to do so. However, if one sues the company for violating the drug testing statute, then the company would need to prove that the guidelines were met. If one is of the opinion that they have been subjected to gender discrimination; then a complaint of “disparate” or differential treatment can be filed with the Equal Employment Opportunity Commission (EEOC). This will then be investigated by the EEOC. Q. Does Americans with Disabilities Act (ADA) cover drug addiction?
ADA does not cover people who are illegal drug users. However, if one was a previous addict who is no longer consuming drugs illegally, but is receiving treatment, he/she may get protection under the act. This person cannot be denied coverage due to a previous drug addiction. ADA also covers people who are incorrectly considered as drug addicts. The rights of an employee are covered under the ADA if he/she is not using drugs. Drug abuse testing does not follow a uniform procedure or law. As long as the company does not discriminate against a particular employee and has a reasonable doubt, the company may conduct a test. It is necessary that the privacy of the employee is protected and the tests are kept confidential. You may consult an employment lawyer for further information.
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