Although Governor John Kasich signed legislation earlier this month to legalize the use of medical marijuana, BarryStaff stands with many other businesses across Ohio in announcing its substance abuse policy will not change.
“We’re looking out for our clients and our employees when we say the use of marijuana is not OK,” said BarryStaff President Doug Barry. “We wouldn’t want an employee to be working under the influence of Vicodin. Medical marijuana is no different. If employees test positive, they will not work for BarryStaff.”
The Ohio Chamber of Commerce advocated for certain protections for employers – protections BarryStaff has embraced. As the agency states on its website, “The bill allows an employer to discharge, refuse to hire, discipline or take adverse employment actions against an individual with respect to tenure, terms, conditions, or privileges of employment due to the individual’s use, possession, or distribution of medical marijuana.”
Employers simply do not need to accommodate an employee’s use of medical marijuana.
Bob Dunlevey, an OSBA board certified labor and enforcement law specialist, said “Even if marijuana is prescribed by a physician to treat a disability recognized under the American with Disabilities Act and even if the marijuana is used during off-work time, these employees will be terminated for testing positive. It is not a violation of the ADA for an employer to refuse to accommodate the medicinal use of marijuana.”
BarryStaff puts clients and employees first. The welfare of both parties is of paramount interest to the company. These priorities ultimately reinforced its long-administered substance abuse policy.