Week 5 EOC: Marijuana in the Workplace

This week, we are presented a touchy subject, marijuana in the workplace. Brandon Coats, a former Dish Network employee was released from his job after testing positive for marijuana during a random drug test. Coats suffers from upper spinal injury due to a car accident he was in at the age of 16; this event has left him unable to walk. "Many managers feel a drug-free environment tends to attract better-quality employment candidates, with the resulting impact of a higher-quality workforce." Many companies follow the Drug-free Workplace Act, but in this quote itself it speaks of better quality employment candidates. Dish Netowrk may have let go one of its best employees.

In the audio tape there are several points brought up, the first is that usage of marijuana is a protected constitutional amendment. On the other hand, there is also the Drug-free Workplace Act. "If you elect to implement either a pre-employment or post-employment drug-testing program, it is best to first seek advice from an attorney who specializes in labor employment law in your state." Possibly given this information, Coats may have been protected earlier. "In some cases, applicants whose erroneous test results have cost them a job have successfully sued the employer." Coats case has been taken to the Colorado Supreme court.

Today there are two states that have legalized the usage of marijuana and approved for medical use many companies still follow old policy. There has been enough medical study to prove that it is safe for patients to use as a prescribed medication. Just like with any other medications there are precautions they should follow. As long as the precautions are followed then I believe that companies can still be in compliance with the Drug-free Workplace Act, but there should be a revision for those who use for verified medical purposes. There should be a revision in the way drug tests are performed to protect those who are entitled to their privacy and comfort.