Companies with 15 or extra workers should present affordable lodging to a employee with a incapacity underneath the Americans with Disabilities Act.
Current unlawful drug customers are exempt from the regulation’s protection. Therefore, if an worker is actively utilizing marijuana and requests an affordable lodging to make use of marijuana for a medical situation, that employee not has rights underneath the ADA as a result of the worker is an lively unlawful drug person underneath federal regulation.
An individual recovering from unlawful drug use is roofed by the ADA, nevertheless, allowing a recovering addict to make use of the unlawful drug wouldn’t be an affordable lodging. There isn’t any state of affairs underneath which an employer should allow an worker to make use of marijuana as an affordable lodging underneath present federal regulation.
Many employers conduct drug checks both pre-employment or throughout employment, together with random checks or following an accident.
Employers might want to contemplate deal with candidates or workers who check optimistic for the presence of THC.
Marijuana metabolizes in another way than different substances, so will probably be troublesome for employers to find out if a person is presently underneath the affect of marijuana.
For instance, the presence of publicity to cocaine is eradicated in a single day after use, in line with the Mayo Clinic Laboratories. However, the presence the chemical that signifies publicity to THC can change into evident in a urine drug check inside three days after a single use, and as much as roughly 30 days in heavy power customers, the Mayo Clinic Laboratories mentioned.