Terminating an Employee for Marijuana Use May Become Prohibited under HB 20-1089
An employer who terminates an employee for off-duty consumption of marijuana may be subject to civil action for “discriminatory or unfair employment practice” if Colorado House Bill 20-1089 is enacted into law. The proposed amendment to C.R.S. § 24-34-402.5 explicitly states that its intent is to see that smoking marijuana is treated in the same manner as off-duty consumption of alcohol. “State law prohibits employers from terminating employees for lawful off-duty activities, including the off-duty consumption of alcohol … [by contrast] employers are currently allowed to terminate employees for off-duty consumption of marijuana.”FN1 The proposed amendment would end this alleged disparity.
Campbell Litigation’s Stacey Campbell currently serves as Chairman of the Colorado Chamber of Commerce (“CCC”) and Chair of the CCC’s Labor and Employment Council. Mr. Campbell will be recommending that the CCC oppose this bill and encouraging legislators to vote against the bill. Campbell Litigation will continue to follow this matter and provide updates on the proposed amendment and how it may impact employers.
Footnotes:
FN1: See HB 20-1089, available at http://leg.colorado.gov/sites/default/files/documents/2020A/bills/2020a_1089_01.pdf;
see also Coats v. Dish Network, LLC, 350 P.3d 849 (2015) (holding
that smoking marijuana is not a “lawful activity” under C.R.S. § 24-34-402.5).