Until the Americans With Disabilities Act (ADA) is amended, marijuana use will not be a protected activity and employers can enforce drug-free workplace policies that may interfere with the use of medical marijuana without committing disability discrimination. At least that's what it appears the Ninth Circuit reasoned in recent decision.
A new rule proposed by the Department of Labor (DOL) and the Obama Administration would set a goal of hiring 7 percent of its federal contracting workforce as employees with disabilities. The proposed rule is not official yet; it will go through a review and public comment process that may change the percentage.
The United States Court of Appeals for the Ninth Circuit has upheld the so-called "one-strike rule," which eliminates job applicants from consideration for a single positive test for drug or alcohol use during pre-employment screening. In Lopez v. Pacific Maritime Association, the court upheld a district court summary judgment in favor of the defendant.