www.NFIB.com
For Immediate Release
Contact: Kelly Klass 609-713-4243 or [email protected]
Follow Kelly on Twitter @KellyAKlass
Follow NFIB on Twitter @NFIB
NFIB says Colorado case affirms the rights of employers to maintain
tough anti-drug policies for safety reasons even in places where drug use is
legal
Washington, D.C.
(June 15, 2015) – The Colorado Supreme Court today cleared up a big source
of confusion for employers by upholding Dish Network’s zero-tolerance drug
policy in a state where marijuana use is legal, said the National Federation of
Independent Business (NFIB).
“Small Business owners rely on drug policies and use them as
a crucial tool to protect themselves, their employees and customers so we are
extremely happy the Colorado Supreme Court ruled in Dish Network’s favor,” said
NFIB Small Business Legal Center
Executive Director Karen Harned. “Many
employers who use these policies do it because of the safety sensitivity of the
job.”
The case that was decided, Coats v Dish Network, clarifies whether
medical marijuana is “lawful” under the state’s Lawful Off-Duty
Activities Statute. In question was whether Dish Network could fire a
quadriplegic man who failed a drug test because he used pot off-duty to control
muscle spasms. The man sued the company claiming he had a medical marijuana
card and was not high on the job. Dish
Network argued that they have a strict no-tolerance drug policy and marijuana
was still illegal under federal law.
NFIB filed an amicus brief in
support of Dish Network because this case had implications on how employers tolerate
marijuana use by workers when off the job.
“The bottom line is that marijuana is illegal under federal
law and companies like Dish Network have a very powerful obligation to protect
their employees, their customers and themselves,” Harned continued. “Colorado’s drug law can’t be used as a means
of forcing companies to assume unnecessary financial and legal risks. This particular case is very emotional and we
sympathize with the original plaintiff, but workplace drug policies are there
to protect everyone.”
For more information about NFIB please visit www.nfib.com.
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