Illinois law prohibits employers from discriminating against employees based on their use of legal substances when they’re off work. Though the recent amendment was meant to clarify that employers may still discipline employees for failing a drug test, in line with a reasonable drug testing policy.
One problem is drug tests can detect whether someone has used marijuana but not when or whether the person is impaired. The tension is if an employer decides to withdraw an offer of employment or terminate someone based solely on a positive marijuana test, without any additional signs of impairment, I think that leaves room for a question about whether they’re taking action based on someone’s lawful use of marijuana while they’re (off) duty.
According to the law, an employer may consider a worker to be impaired or under the influence of cannabis if the employer has a “good faith belief” the employee is displaying symptoms that are hurting job performance, such as those affecting speech, agility or demeanor. #legalmarijuana, #legalcannabis,
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