Gov Worker & MMJ Patient Fired For 'Intoxication': D.C. Office Of Employee Appeals Steps Up

Gov Worker & MMJ Patient Fired For 'Intoxication': D.C. Office Of Employee Appeals Steps Up

The D.C. Office of Employee Appeals (OEA) ruled in favor of a government employee and medical marijuana (MMJ) patient who was fired after being suspected of intoxication in the workplace and who subsequently tested positive for marijuana in late 2020.

The Washington, D.C. administrative court reversed the termination of the employee and also, ordered the Office of Unified Communications (OUC) to reimburse the worker for all back pay and benefits.

The employee, who petitioned the termination in April 2021, argued that "OUC falsely accused her of being impaired because her eyes were red and she was talking quietly, prompting supervisors to initiate a reasonable suspicion referral and drug test that did show THC metabolites in her system,” reported Marijuana Moment.

The employee said her eyes may have been red due to personal problems that had prevented her from sleeping. Although tired, she was stable enough to do her job properly. In addition, she provided proof to both the employer and OEA that she was a registered MMJ patient. She added that she had not used cannabis on the day of the drug test although she affirmed using cannabis the weekend prior to getting tested.

What Does The Ruling Say?

Monica Dohnji, a senior administrative judge for OEA, said that "OUC was negligent in how it handled the process for reasonable suspicion of impairment from drugs."

In that supervisors allowed the worker to return to the floor to answer calls as part of her job, Dohnji noted "proves that neither supervisor had a reasonable suspicion” that the woman was impaired to an extent that “she could not perform her duties.” If OUC supervisors had reason to believe that the worker was incapacitated to the extent that she couldn't do her job, they should not have allowed her to return to work, Dohnji pointed out.

"Because Employee was allowed to perform her duties and did in fact adequately do so after being observed by her supervisors, I find that [the supervisors] did not reasonably believe that Employee’s ability to perform her job was impaired. As such, I further conclude that a reasonable suspicion referral was unwarranted,” the judge wrote in the ruling.

Marijuana Developments In DC

Recently, Washington, D.C. Mayor Muriel Bowser signed a bill protecting employees from discrimination in the workplace based on their recreational or medical marijuana use.

The Cannabis Employment Protections Amendment Act of 2022 signed by Bowser prohibits employers from “firing, failing to hire, or taking other personnel actions against an individual for use of cannabis, participation in the District’s or another state’s medical cannabis program, or failure to pass an employer-required or requested cannabis drug test unless the position is designated safety-sensitive or for other enumerated.”

In July, Bowser also signed into law the Medical Marijuana Self-Certification Emergency Amendment Act of 2022. Under this law, Washington D.C. residents are allowed to self-certify as medical marijuana patients, without a doctor’s recommendation and buy cannabis from licensed retailers

Meanwhile in other states...

In California, a proposed bill passed through both houses of the legislature would prohibit people from losing their jobs for smoking marijuana outside of work. Specifically, it would prohibit companies from punishing those who fail a certain type of drug test. Among other marijuana measures awaiting Gov. Newsom's signature is this legislation that would provide job protections for people who smoke marijuana off the clock.

Recently, the New York Police Department (NYPD) announced it will stop randomly testing police officers or job applicants for cannabis. What’s more, at the same time, the New York City Fire Department (FDNY) announced it is considering a change to its cannabis testing policy. The FDNY's new drug testing guidelines are expected soon to be released.

Photo: Courtesy Of Esteban Lopez On Unsplash

Posted In: lawsuitmedical marijuanawashington DCCannabisGovernmentNewsRegulationsPoliticsMarketsGeneral

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11 Best Black Friday Deals on Amazon

11 Best Black Friday Deals on Amazon

The best Black Friday deals from Amazon are still coming hard and fast because the holiday is not yet upon us and the mega-retailer prefers to keep consumers on the hook for as long as possible—spending as much money as possible. 

To that end, here are some of the best Black Friday deals from Amazon that you might want to consider today.

Calphalon 10-Piece Pots and Pans Set

Regular Price: $172

Sale Price: $138.88

Calphalon’s 10-Piece Pots and Pans Set is designed with stainless steel, stay-cool handles along with pour spouts. The nonstick surface is PFOA-free and built with hard-anodized aluminum that is both durable and conducts heat extremely well. The set includes 2 fry pans, a sauce pan with cover, saute pan with cover and large stock pot with cover.

Apple AirPods 2nd Generation

Regular Price: $144

Sale Price: $85.49

The 2nd Generation AirPods from Apple connect to all Apple devices and give you an enhanced listening experience. Plus, they come with a case that keeps them safe and allows you to charge them in a secure environment. With over 24 hours of battery life, access to Siri and easy setup, you can start listening to your favorite tunes or podcasts today.

Adidas Ultraboost 21 Running Shoes

Regular Price: $129.98

Sale Price: $89.98

The Adidas Women’s Ultraboost 21 running shoe is perfect for anyone who likes a short run, maybe a 5K, half marathon or more. Coming in several colors and styles, you can slip these shoes on, enjoy the cushioned outsole, sink into the supple insole and secure laces.

Ninja AF101 Air Fryer

Regular Price: $129.99

Sale Price: $97.83

The Ninja AF101 Air Fryer allows you to crisp, roast, reheat and even dehydrate food products faster and cheaper than ever before. It has a 4-quart capacity and offers a wide temperature range along with several time settings so that you can customize each dish to your needs. Plus, all the parts are dishwasher safe.

Beats Solo3 Wireless On-Ear Headphones

Regular Price: $199.95

Sale Price: $99

Beats by Dr. Dre are among the best headphones on the market, and the Solo3 Wireless On-Ear Headphones include the Apple W1 chip, Class 1 Bluetooth and 40 hours of battery time. These headphones even have a built-in microphone and offer an adjustable fit so that you can be comfortable whether you’re listening to an Android or iOS device.

Hoover Power Scrub Deluxe Carpet Cleaner

Regular Price: $198.98

Sale Price: $175.98

The Hoover Power Scrub Deluxe Carpet Cleaner allows you to keep your home spotless and clean up after your pets. The cleaner comes with the Hoover Paws and Claws Deep shampoo and a storage mat to keep the floor dry once it’s put away.

LG CordZero Auto Empty Cordless Stick Vacuum

Regular Price: $999.00

Sale Price: $851.71

The LG CordZero Auto Empty Cordless Stick Vacuum and Wet Mop All in One Tower is designed to work in homes with several pets or children and clean up all the messes that life brings. The battery lasts up to 2 hours, and there’s an extra removable battery that gives you even more cleaning time and power.

Breville Fresh and Furious Blender

Regular Price: $278.60

Sale Price: $199.95

Breville, a top name in blenders and juicers, offers the Fresh and Furious Blender, featuring 50-ounce capacity, Vac Q technology, pre-programmed cycles, LCD display and lid with pull ring. With the Fresh and Furious Blender, you can make everything from a smoothie to a soup and everything in between.

Hot Tools Professional 2000 Turbo Ionic Hair Dryer

Regular Price: $89.99

Sale Price: $55.63

The Hot Tools Professional 2000 Turbo Ionic Hair Dryer is designed for professional use, but it works perfectly in the home. With 1875 watts of power, 6 heat and speed settings and a lightweight design, you can easily style your hair and utilize the diffuser, cut back on the frizz and stretch the 8 ft cord for maximum functionality.

Columbia Heavenly Long Hooded Jacket

Regular Price: $160

Sale Price: $97.38

The Heavenly Long Hooded Jacket from Columbia is designed to be light for everyday use, but it’s heavy enough to protect you from the cold. The plush fleece lining, security pocket, water resistant fabric, 2-way zipper, and zippered hand pockets make the jacket both protective and functional.

ConAir InfinitiPro Hair Dryer

Regular Price: $49.99

Sale Price: $29.99

ConAir is one of the biggest names in hair and beauty, and the InfinitPro is an 1875 watt hair dryer designed for professionals with ceramic technology. The dryer comes with a diffuser and concentrator, and it allows you to blow out your hair just the way they would at the salon.

Deals the Experts Are Hoping For

Experts believe that Amazon’s Black Friday sale could linger for quite some time. It all started with the Prime Early Access sale on October 11 and 12. Previously, Amazon has offered the “Epic Deals” sale that ran through late October. 

This is to say that any sale could come up at any time. 

Even so, those monitoring Amazon are looking forward to a few potential deals, including:

  • Apple Watch
  • AirPods (any generation)
  • MacBook Pro
  • Large, underpriced TVs
  • Amazon Echo
  • More small home appliances (Dyson or Shark vacuums, Instant Pots, etc.) 

While these predictions are based on last year’s Amazon Black Friday Sale, it’s important to remember that most Black Friday sales are fairly consistent and push the products that are most likely to sell.

 

Featured image sourced from Shutterstock

Posted In: Partner ContentGeneral