Direct from prohibited to protected-class status, making no local stops: “The idea that the government should just stay out of the matter and leave both private employers and medical marijuana users alone is apparently beyond the comprehension of most California legislators, who think that everything permitted must be made mandatory,” notes Hans Bader. Apparently a narrow exception will be allowed “for ‘safety-sensitive’ positions that employers can prove would ‘clearly’ be highly risky.” (CEI OpenMarket.org, Sept. 8).
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I assume employers are already generally barred from asking what medications a person is taking, or if they are necessary. And I assume that means any person can now get high in any “non-dangerous” position, with no way for an employer to take action without financial risk?
This nicely sets up a legal clash between this proposed law and federal laws that deny employment in a wide range of jobs to those who use illegal drugs. It’s not just ‘non-dangerous’ jobs or ‘high security’ jobs, either.
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