OREGON SUPREME COURT: EMPLOYERS NEED NOT ACCOMMODATE EMPLOYEE'S USE OF MEDICAL MARIJUANA

Last week, the Oregon Supreme Court resolved an issue that had long-vexed Oregon employers: whether they had to accommodate an employee’s use of medical marijuana.  In Emerald Steel Fabricators, Inc., v. Bureau of Labor and Industries, the Court ruled that Oregon's employment discrimination laws do not require such an accommodation.  Rather, the Court concluded that an employee's use of medical marijuana constitutes an "illegal use of drugs," as that phrase is used in Oregon's employment discrimination laws.  Accordingly, if an employee is currently engaged in the use of medical marijuana, an employer may take an adverse employment action against the employee because of that use and not run afoul of Oregon’s discrimination laws.