Attorneys & Professionals
Mike Griffaton, of counsel in the Vorys Columbus office and a member of the labor and employment group, was quoted in a Smart Business story regarding Ohio’s new medical marijuana law.
The story states:
“Ohio employers have some of the broadest protections in the country, says Michael Griffaton, of counsel at Vorys, Sater, Seymour and Pease LLP, who played an integral role in drafting the medical marijuana legislation.
‘House Bill 523 expressly states that employers do not have to accommodate medical marijuana use, even if the employees’ physician recommends that the employee use medical marijuana,’ he says.
An employer can refuse to hire, discharge, discipline or take adverse employment action for a person’s use, possession or distribution of medical marijuana. In addition, that person may not sue the employer for doing so.
But that doesn’t mean hiring managers should ask about medical marijuana during a job interview, Griffaton says. Disability discrimination is still illegal. If someone is using medical marijuana for cancer, it raises questions.
‘Did he not hire them because they used medical marijuana or because it’s a disabling protected condition under the American Disabilities Act? Employers are going to open themselves up to discrimination charges and lawsuits, because of that question, so be careful about asking,’ he says.”
To read the entire story, visit the Smart Business website.