DRUG USE OUTSIDE THE WORKPLACE- CAN YOUR EMPLOYER HOLD YOUR CURRENT OR PREVIOUS DRUG USE AGAINST YOU?
In a recent court case, a New Mexico judge ruled that a woman who had admitted to her employer that she had smoked marijuana could not be fired or discriminated against as a result of her drug use and awarded her $25,000 in damages. The woman, a 911 employee, informed her employer that she had smoked marijuana two years before. Along with two other employees, she was fired for admitting her drug use. The two other employees were given the opportunity to appeal their termination. The New Mexico woman was not given the same opportunity.
The woman claimed that her employer, the Mesilla Valley Regional Dispatch Authority, had singled her out because of complaints she had made about a supervisor. Or, in other words, the woman stated that she had been retaliated against by her employer. Retaliation is illegal both in California and throughout the United States.
Retaliation occurs when an employer takes an adverse (such as termination, refusal to hire, or demotion) against a covered individual because he or she engaged in a protected activity. A covered individual is an employee who has opposed unlawful practices, participated in proceedings, or requested accommodations related to employment discrimination based on race, color, sex, religion, national origin, age, or disability. In this case, the protected activity was filing a lawful complaint against her employer/supervisor.
Do you believe you have been discriminated against or retaliated against for admitting your past drug use? Experienced employment lawyers might be able to help you recover damages for any pain, suffering, or lost wages you may have incurred as a result of retaliation. Call our employment attorneys at Greenberg & Rudman LLP at 1-800-252-9776 (1-800-ALAWPRO) for a free consultation in California regarding your legal rights and to hear how one of our experienced employment lawyers may be able to help you.
