According to the case of
Scott v. Harrah’s LLC, applicants and employees currently using illegal drugs or marijuana are
not covered by protections contained in the Americans with Disabilities
Act (ADA) and the Fair Employment and Housing Act (FEHA). In this blog,
we explain the implications of the ruling made in this case.
Scott v. Harrah’s LLC, an employee working at Harrah’s Hotel and Casino told his manger
that he had a drug addiction and was voluntarily looking to enroll in
treatment and rehab. Harrah’s Hotel and Casino adjusted the employees
schedule and accommodated his treatment.
Although the employee went through rehab, the company suspected that he
was working under the influence of drugs on several occasions. The employee
was sent back to rehab and drug tested by Harrah’ one month after
his treatment. The drug test results were positive and the employee admitted
to using marijuana a few weeks before the test. Harrah’s told the
employee that because he wasn’t taking rehab seriously, he was
Although the employee sued for disability discrimination, his claims were
dismissed because current drug users are not protected under the ADA.
While the employee claimed his addiction was a disability, the ADA only
protects those with a record or history of drug addiction who are
not currently using drugs and have been successfully rehabilitated.
“Current use” covers more than just using drugs on the day
you are tested. Courts have ruled that having drugs in your system weeks
and months before you were fired qualifies as current use. According to
the FEHA, disability does not include “psychoactive substance use
disorders resulting from the current unlawful use of controlled substances
or other drugs.”
Even though marijuana is legal in the state of California, employers can
choose to prohibit marijuana use in the workplace because it is still
illegal at the federal level.
Wrongful Termination Lawyers in Hollister
At Marder Employment Law, we are here to assist with all of your employment
law matters. Our experienced lawyers are dedicated to serving clients
throughout Northern California, and we have the skills and experience
you need to secure a fair case result. Let us review your case today so
we can get started building a strong legal strategy.
Call (888) 796-4010 to
set up your free consultation with a Hollister
employment law attorney.