20 Large Oregon Employers That Will Still Test You For Pot
Friday, December 19, 2014
Measure 91, which will go into effect on July 1, 2015, legalized recreational marijuana use in Oregon for adults 21 and older. It was passed by 55 percent margin.
Although state law makes the drug legal, federal law still gives employers the right to fire or not hire someone based on marijuana use.
“For an employer who is going to fire someone for using pot, it’s still legal under federal law,” Colin Love-Geiger, a labor and employment defense lawyer, said. “[Drug testing] is largely already in place and it’s not going to change.”
Slideshow Below: 20 Large Oregon Employers That Will Still Test You For Pot
Many national and Oregon companies, from grocery stores to insurance companies, require their employees get tested for drugs, including marijuana. Some companies, like Horizon Airlines and Papé Brothers, have federally regulated drug testing because of the type of work done by their employees. Federal law requires airline pilots and employees who operate heavy machinery take drug tests to do their jobs.
Other companies have made a personal decision to have a drug testing policy to fit coprate standards or ideas for of a work zone and environment. The high-end clothing retail store Nordstrom has a drug testing policy for its employees to create a drug-free work place.
“[Our drug-testing policy] impacts on our ability to serve the public and do our jobs,” Kara Darrow, Nordstrom spokesperson, said. “It’s a safety issue.”
The Ethics of Drug Testing
The ethics of drug testing in the workplace has been a controversial issue before the legalization of marijuana. Critics say it is an invasion of privacy and may not be effective for screening out workers who would be impaired on the job.
Marijuana supporters say company drug testing limits the freedom of recreational pot-smokers.
“It does seem unfair someone could get fired for using a legal substance at home, up to a month after even using it,” Anthony Johnson, chief petitioner of Measure 91, said. “I would hope that employers would start to move away from firing people for using pot on their free time. It’s something to eventually be addressed.”
Johnson said that more testing into the impairment of inactive THC, which shows up on drug tests 30 days after pot use, and active THC will hopefully help employers make distinctions in how they penalize employees. However, marijuana supporters agree some limitatons should be in place for the work place.
“We would not recommend doing [marijuana] while on the job, that’s not something we advocated for,” Peter Zukerman, Communications Director for the 'Yes on 91' campaign.
Love-Geiger said although there may not be any strong social outrage or instant changes against drug testing in Oregon, policies may evolve as public opinion changes. Some companies may eventually use tests that don’t show marijuana use in results, Love-Geiger said.
Oregon was the third state to legalize pot, after Washington and Colorado. Zukerman said so far neither of the states has had any major issues concerning drug testing after legalizing pot.
Related Slideshow: 20 Large Oregon Employers That Will Still Test You For Pot
Even though Marijuana is legal in Oregon, many of Oregon's big employers still require drug tests from their employees. Check out these 20 companies that require a drug test.
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