Several of our clients at ScoutLogic have had questions regarding medical marijuana users and the impact of new regulations on hiring. Recently, a federal court in Connecticut ruled that the refusal to hire a medical marijuana user, based on a positive marijuana drug test, would be considered employment discrimination.
Katelin Noffsinger was offered a position at Bride Brook Health and Rehabilitation Center, pending the results of a drug test. Noffsinger informed Bride Brook of her status as a registered qualifying patient and her use of medical marijuana for treatment of PTSD. However, when the drug test came back positive, Bride Brook rescinded the job offer.
Bride Brook argued that marijuana is an illegal drug under Federal Law, and the Federal Drug-Free Workplace Act prohibits the hiring of users of illegal drugs. The Court ruled that Bride Brook was not required to run a drug test, and that the Federal Drug-Free Workplace Act does not apply to off-duty activities. Bride Brook also claimed that hiring Noffsinger would violate the False Claims Act, and that the withdrawal of the offer was based not on her medical marijuana use but on the positive drug test. Both arguments were dismissed, and the Court ultimately determined that Bride Brook did discriminate against Noffsinger.
Click here to view the full article on Lexology and to learn about the implications of this case for employers.
ScoutLogic provides a full suite of background checks including criminal background investigations, education / employment verification & reference checking, and drug testing to perform FCRA-compliant background checks.