{"id":77190,"date":"2024-12-01T00:00:34","date_gmt":"2024-12-01T05:00:34","guid":{"rendered":"https:\/\/todaysveterinarybusiness.com\/?p=77190"},"modified":"2024-11-21T19:43:00","modified_gmt":"2024-11-22T00:43:00","slug":"medical-marijuana-hr-huddle-1224","status":"publish","type":"post","link":"https:\/\/navc.sitepreview.app\/todaysveterinarybusiness.com\/medical-marijuana-hr-huddle-1224\/","title":{"rendered":"What May I Ask Users of Medical Marijuana?"},"content":{"rendered":"

Q: Can we ask job seekers to disclose on their applications whether they use medical marijuana, given that our state permits its use but not recreational pot? Our workplace is drug-free, and anyone who tests positive is automatically forbidden from working at our practice unless they show their medicinal marijuana card. We\u2019d like to skip the step and have them disclose medicinal use in advance.<\/strong><\/p>\n

A: Understandably, you want to streamline the hiring process by asking applicants upfront about any medical marijuana use. However, you must address legal considerations first.<\/p>\n

According to the Americans with Disabilities Act, employers cannot ask job applicants to disclose medical information, including whether they use medical marijuana. Such an inquiry could reveal a person\u2019s disability or medical condition and is prohibited during the pre-employment stage unless it directly relates to the applicant\u2019s ability to perform essential job functions.<\/p>\n

Next, asking someone on a job application about medical marijuana use could be viewed as discriminatory or a violation of privacy rights, depending on your state\u2019s laws.<\/p>\n

As a drug-free workplace, your practice may conduct pre-employment drug testing. However, automatically disqualifying an applicant who tests positive for marijuana without you determining whether the person is a legal user could present legal risks. A more compliant approach would be to conduct the drug test and, if the result is positive, allow the applicant to provide a medical marijuana card or other documentation before you make a final employment determination. Even safer is partnering with a laboratory company that can do the testing and has a medical examiner to ask the pertinent questions.<\/p>\n

Note that no state allows employees to be under the influence of marijuana in the workplace, regardless of card-carrying status.<\/p>\n

Given the issue\u2019s complexity, I advise you to consult with an attorney familiar with state and federal employment laws.<\/p>\n

Q: Our practice has employed a customer service representative for six months. Unfortunately, she has struggled to adhere to procedures and protocols and has failed to follow through on tasks several times. We\u2019ve received a few complaints from clients about her performance. Despite conversing with her about the issues, I haven\u2019t noticed any significant improvements. Before I consider replacing her, how should I address the situation?<\/strong><\/p>\n

A: Before you move to fire her, ensure that she receives a fair and structured opportunity to improve her performance. Start by reviewing the policies and procedures with her to confirm she fully understands her responsibilities. In many cases, performance issues stem from a misunderstanding or improper training. Then, do this:<\/p>\n