Employers with nine or more employees will no longer be prohibited from (and no suit can be brought against a covered employer) the following actions:
- Taking action pursuant to a “substance abuse or drug-free workplace policy; and
- Taking action pursuant to a “good faith belief” that an employee possessed, used or was under the influence of marijuana “while on the premises of the employer or during the hours of employer.”
The amendment also caps damages pursuant to other employment discrimination claims under Arkansas law.
The amendment also makes clear that a written certification (a document from a physician stating that the patient has a medical condition covered by the Act) “is not a medical prescription.” This provision could potentially limit an employer’s obligations under both the ADA and the FMLA when considering an employment decision, according to the law firm Fox Rothschild.
The amendments to the state’s medical marijuana law will take effect on July 31, 2017.
The full text of the amendment can be found here.
For more information on medical marijuana and workplace drug policies, be sure to read our White Paper titled “The Evolving World of Medical Marijuana and Employment Drug Screening.”
Source: Fox Rothschild, LLP, 5/17/2017
Posted: June 2, 2017