In a 32-page opinion that opened with a Beatles quote on getting high, the Rhode Island Superior Court in Callaghan v. Darlington Fabrics Corp., et al., has ruled that employers cannot refuse to hire a medical marijuana cardholder, even if the individual admittedly would not pass the employer’s pre-employment drug test required of all applicants. According to the Court, there is no distinction between refusing to hire because of cardholder status (admittedly unlawful under the Act’s plain language) and refusing to hire because of an inability to pass a mandatory pre-employment drug screen.
The Court’s decision is expected to be appealed to a higher court. We will provide further updates as this matter progresses.
Coverage: All employers with employees in Rhode Island who perform pre- and post-employment drug testing.
Effective: The decision was issued late last month.
Action Required: Although the Court’s decision is likely to be appealed, the appeals process can take years. In the interim, the administration of your drug-testing program will be impacted by the Court’s ruling. As such, you should take the time to review your drug-testing policies and practices, familiarize yourself with the ruling, and contact your Human Resources Business Partner with any questions. If you participate in the ADP TotalSource Drug Free Workplace Program, please contact our ADP TotalSource Drug Free Workplace Administrator for additional guidance.