Q: Can I sue for discrimination if an employer in NY declines my application because of positive drug screen?
I smoke marijuana at bed time responsibly because I have seizures (if I have a bad panic attack) and can not get marijuana prescribed. I smoke it lightly at the end of my day so I can sleep and not panic into a seizure the following day. The "high" most get, I sleep off in my sleep. I've been prescribed benzos and gabbapentin for my panic attacks and seizures in the past and marijuana works the best for me with a klonopin when needed for both the seizures and panic attacks. I would prefer to just smoke marijuana at bed time. I smoke it without a prescription for a medical reason that it has been proven to treat. What are my options for getting a job and testing positive in Syracuse, NY? Of course the employer does not know that I need it and can prove it. I would still assume that it is discrimination for not knowing that it effects my work ethic without seeing me work.
A: I am sorry to say at this time it does not sound like you have a case you would win. You can appeal the decision not to hire you, and request a reasonable accommodation based on your disability. However, you are unlikely to win a discrimination suit if they had no reason to believe that you were prescribed medical marijuana.
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