Wednesday, January 30, 2008

Medical marijuana discrimination

Apparently, despite the fact that medical marijuana is legal in California (as it should be, given that doctors prescribe far more dangerous drugs in the appropriate circumstances), employers can still refuse to hire someone because he or she failed a drug test because of it. This is legal even if the person's medical condition qualifies as a disability, whether the disability impairs the person's ability to do the job or not.

This is the exactly what anti-discrimination laws in hiring practices are supposed to prevent: the refusal to hire someone based on something outside of his control that has no bearing on his or her ability to do his or her job. This kind of discrimination is based on the irrational fear of a particular drug, independent of any affects on someone's ability to perform a job.

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