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Oregon Supreme Court Holds that Employers Are Not Required to Accommodate Medical Marijuana Use
Davis Wright Tremaine LLP
[Guidance Overview] Apr. 18, 2010
Excerpt: On April 15, 2010, the Oregon Supreme Court ruled that the statute prohibiting disability discrimination in employment does not protect medical marijuana users. The Court based its decision on ORS 659A.124, which states that the protections of the disability discrimination statute do not apply to employees 'engaging in the illegal use of drugs if the employer takes action based on that conduct.' The case, Emerald Steel Fabricators, Inc., v. Bureau of Labor and Industries, originated after an employee who used medical marijuana told his employer, in advance of a drug test, about his medical marijuana card and his medical condition. A week later, the employer terminated the employee.
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