Wk 2 Team – ADA Accommodation for Medical Marijuana Paper [due Mon] Wk 2 Team – ADA Accommodation for Medical Marijuana Paper

Question Description

In 200 words
Recommend a conflict resolution process that can be used to solve the matter and avoid a lawsuit.

ADA Accommodation for Medical Marijuana

The Americans with Disabilities Act (ADA)

The Americans with Disabilities Act (ADA) makes it unlawful to discriminate in employment against a qualified individual with a disability. The ADA also makes it against the law discrimination against individuals with disabilities in State and local government, public accommodations, transportation and telecommunications. agencies that work with the Commission. The Americans with Disabilities Act (ADA) requires employers to make reasonable accommodations for qualified workers with disabilities. The act does not protect illegal drug use. Marijuana is an illegal drug under federal law, with no exceptions for medicinal use, so its use is not protected under the ADA. Most state disability laws were written before medical marijuana use became pervasive and do not directly address the subject. In these instances, it has been left to courts to interpret how such laws apply to medical marijuana use under the ADA. With that being said, someone being fired for testing positive for marijuana could proceed with a “handicap discrimination” claim under the Massachusetts Fair Employment Practices Act. Due to marijuana being illegal under federal law, requiring an employer to accommodate medical marijuana use is unreasonable. I read about different case in different states and it really goes to the state court to make the final decision. You are not required to accommodate medical marijuana use under the ADA. Even though medical marijuana is legal in many states, under the federal Controlled Substances Act, marijuana is still illegal. The ADA expressly excludes people who use illegal drugs from its definition of “qualified individual with a disability.

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