Even though marijuana use is legal, employers are still entitled to have policies restricting drug use and requiring drug testing. If you have a policy to conduct drug tests, you need to make sure the policy is applied consistently to all employees.
For example, if you require drug testing upon hire, make sure all employees are tested before they are hired. If you conduct random drug testing, make sure you have measures in place to ensure the testing is in fact random. If you conduct drug testing after an accident or incident at work, your policies should be clear as to what incident will result in a drug test.
Your policies should also clearly state the discipline that will be imposed in the event of a positive drug test. Failure to apply the testing and discipline in a consistent manner could raise issues as to potential discrimination.
Nicole M. Bolan, Attorney at Law
Blado Kiger Bolan, Tacoma, Wash.