A recent federal court decision agreed an Illinois employer had the right to enforce a zero-tolerance policy on marijuana use.
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A recent federal court decision has confirmed that zero-tolerance marijuana policies in Illinois are lawful, bringing more clarity for employers on this issue. Back in 2019, Illinois legalized adult recreational marijuana use under the Cannabis Regulation and Tax Act (CRTA), but it also allowed employers to maintain policies prohibiting marijuana use. However, there were still some unanswered questions about how far employers could go in enforcing these policies, especially when it came to employees using marijuana off the clock.
The recent case, White v. Timken Gears & Services, Inc. (July 2024), has now provided some answers, confirming that employers in Illinois can adopt and enforce zero-tolerance policies, even for off-duty marijuana use.
The Employer’s Policy on Marijuana
In this case, the employer, Timken Gears & Services, had a strict Drug and Alcohol Policy in place that banned the use of controlled substances, including marijuana. This policy applied to employees working at its manufacturing and distribution centers, and it required random drug testing. Employees who tested positive for the first time were offered counseling and had to stop using the substance, with follow-up tests to ensure compliance. A second positive result would lead to immediate termination.
What Happened with the Employee
The employee in question, a Territory Account Manager, worked remotely but also drove a company car to visit clients. In December 2019, he tested positive for marijuana during a random drug test. As a result, he was allowed to continue working but wasn’t permitted to drive a company vehicle, and he had to participate in the company’s Employee Assistance Program (EAP).
A month later, the employee had to take another drug test, which came back negative. However, his next test was marked as "negative dilute," which the company treated as a failed test. After a retest with the same "negative dilute" result, the employee was finally tested again on January 27, 2020, and this time, he tested positive for marijuana. Following this, the company terminated his employment, citing the violation of its Drug and Alcohol Policy.
The Employee’s Lawsuit
The employee filed a lawsuit, claiming that his termination violated the Illinois Right to Privacy in the Workplace Act (IRWPA), which protects employees from being disciplined for lawful off-duty activities, like using marijuana. Cannabis became a “lawful product” in Illinois as of January 1, 2020, under this act.
However, the CRTA, which legalized recreational marijuana in Illinois, includes provisions that allow employers to have drug policies that prohibit marijuana use and enforce these policies through actions like drug testing.
The Court’s Decision
The court’s analysis focused on three key parts of the CRTA. First, the law allows employers to adopt either “zero tolerance” or “drug-free workplace” policies, even if the conduct happens outside the workplace. Second, the CRTA states that employers can discipline or terminate employees for breaking these policies. Third, it gives employers the right to enforce their policies through reasonable and nondiscriminatory random drug testing.
The court concluded that Timken’s zero-tolerance policy and its method of enforcing it were lawful. To win his case, the employee would have had to prove that the company’s actions were either discriminatory or unreasonable, but the court found no evidence of that. The employee wasn’t targeted for testing based on any legally protected characteristic, so there was no discrimination. As for reasonableness, the court noted that the employee had been informed of the company’s policy, was given a chance to provide a clean test, and was given more opportunities to comply than the company’s policy even required.
Because the policy was applied fairly and reasonably, the court ruled that the company’s decision to terminate the employee was lawful under the CRTA, and the employee’s lawsuit could not go forward.
What This Means for Employers
This decision is significant because it confirms that Illinois employers can maintain zero-tolerance drug policies and enforce them through random drug testing, even if the drug in question is marijuana, which is legal under state law. The court also made it clear that these policies aren’t limited to on-the-job behavior; employers can take action if employees violate these policies outside of work too, as long as the enforcement is reasonable and nondiscriminatory.
However, it’s a good reminder for employers to regularly review their drug policies to ensure they are clear and up-to-date. Employees should be fully aware of what the expectations are, particularly when it comes to marijuana, and what the consequences will be if they violate the policy.
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