Emerald Steel Fabricators v. BLI – Defending Drug Free Workplace

Oregon Supreme Court

In this case, the court is being asked to determine whether or not an employer should be held liable for an unlawful employment practice when the employer chose not to hire a temporary worker as a full-time employee after the worker disclosed that he would not be able to pass a drug test because he uses medical marijuana to treat his anxiety, nausea and vomiting pursuant to the Oregon Medical Marijuana Act. Lower courts held in favor of the worker and found the employer liable for discharging the temporary worker because of a disability and failing to reasonably accommodate a disability.

Status: PENDING. Amicus brief filed in support of employer Jan. 7, 2009.