Research online law libraries and the Internet for sourcesconcerning information on Americans with Disabilities Act (ADA),Americans with Disabilities Act Amendments Act (ADAAA), state andfederal medical marijuana laws, privacy for drug testing, and drugtesting in the workplace
Discuss the case study including all of its relevant topics;
Analyze whether a reasonable accommodation isappropriate or inappropriate.
ADA Accommodation for Medical Marijuana CaseStudy
An Arizona woman was fired from her job for using medicalmarijuana, which was legally obtained for medical reasons relatedto a diagnosis of post-traumatic stress disorder (PTSD). She isconsidering whether to sue her former employer for discriminationunder the Americans with Disabilities Act and ADAAA. She had beenin a serious car accident just over a year ago and the Jaws of Lifewere used to extricate her from her demolished vehicle. When shecame out of her coma and after she was released from the hospital,she suffered from tremors and panic attacks. She informed herformer employer before being hired that she had the requiredcertification from her physician allowing her to purchase marijuanaunder her state’s voter-approved medical marijuana law and had aregistration card for verification. The medical marijuana aids herin alleviating anxiety and keeping her in a calm state necessaryfor her to function steadily in any work she maintains. She doesnot use the substance during the work day, but uses it before shegoes to work and at bedtime. She claims she does not sense theproverbial “high” that most people associate with smokingmarijuana. She advised her former employer that if drug testing wasrequired, she would test positive for the medical marijuana. Theemployer hired her anyway, leading the woman to believe that heruse of medical marijuana was not an issue for the employer. Theemployer maintains the company has a zero-tolerance workplace.Within a month of her employment as a data entry clerk, she wasrandomly selected to be drug tested. Again, she advised heremployer of her allowed medical marijuana use, and also informedthe testing site lab where she signed a consent form to be tested.As expected and as she advised, she tested positive for marijuanaand resultantly was terminated. She contacted the Human ResourceDepartment to protest her termination claiming she should be givenan ADA accommodation, but the HR representative informed her thecompany follows federal law in this regard to medical marijuana usebecause they conduct business with the federal government. Arizonatreats employees using medical marijuana as a protected class. Thewoman is contemplating suing the company for wrongful terminationand discrimination under the Americans with Disabilities Act (ADA)and ADAAA, and violations of her state rights as a protected classemployee under Arizona law. She believes she should be reinstatedin a same or similar position with back pay and an accommodationgiven to excuse her from drug testing due to her medicaldisability, which interferes with basic and daily life andwork-related activities unless she is able to take her prescribedmedical marijuana.
