Hospitals discriminating against medical conditions..?

Published

If a person has a medical condition and is prescribed medical cannabis by a medical doctor would it not be discrimitory for a nurse to be denied employment? Nurses should have the same rights as any other individuals that are not nurses. This is common sense. A nurse should have the right to chose either man made chemicals (which can lead to absolute dependance) or chose naturally occurring medicines such as cannabis (which is much less likely for dependance). Why are we being denied this right? If you say its because there is no test to measure if a nurse is high on the job or not then guess what? Its not the nurses fault this test does not exist so why does the nurse have to limit their options for medical care? Having said that I feel hospitals are discriminating against medical conditions and I don't even know how they are not being prosecuted for this. Medical cannabis is prescribed by a medical doctor and therefore is in FACT a medication! Hospitals are not hiring and firing people with medical prescriptions.

Specializes in Pedi.

Private employers can refuse to hire anyone they please for any reason they please, save for a select few prohibited by law. The Americans with Disability Act protects people with disabilities from employment discrimination but the employee must be able to perform the functions of the job and any requested accommodations must be considered "reasonable". It isn't discrimination if a nurse in a wheelchair isn't hired for a bedside position on an orthopedics floor. The nurse would not be able to perform the functions of the job. An employer allowing an employee to smoke marijuana likely isn't considered a "reasonable accommodation". The hospital I worked for didn't allow anyone to work while taking narcotics, regardless of the reason they were prescribed. I don't know their policy on employees and medical marijuana but I'd bet it's similar.

Up Vote Up Vote ×
Specializes in Pediatric Critical Care.
Uh whatever

......

:cautious:

:smokin:

Up Vote Up Vote ×
Specializes in Dialysis.

CosmoRN77, you may want to check facility policy as well as BoN policy. Regardless of what any agency states, its ultimately up to the employer to decide what they will allow

Up Vote Up Vote ×
Uh whatever
Cosmo-

You're giving pot smokers a bad name here.

Equating this issue with race riots, and responding to posters as above just isn't helping your cause.

It is, however, providing me with entertainment before my 12 hour shift.

Up Vote Up Vote ×
Specializes in Med/Surg, Ortho, ASC.
Uh whatever

Uhh riots maybe?

I do love a lively and intellectually stimulating discourse.

Up Vote Up Vote ×
Specializes in Med-Surg, NICU.

Medical marijuana for insomnia and anxiety? Really?

There are other LEGAL drugs to treat those problems. I thought this was going to be about nurses suffering from cancer...

Up Vote Up Vote ×
Specializes in Nurse Leader specializing in Labor & Delivery.
Uh whatever

I'm totally picturing James Franco saying that. You forgot the "Dude" though

Up Vote Up Vote ×
Specializes in critical care.

Cosmo, if your last few posts have been made after you've smoked, I recommend finding other meds for your insomnia and anxiety.

Up Vote Up Vote ×

I think the word "discrimination in hiring" is typically taken out of context, and given an implication that isn't there. Of COURSE employers discriminate in hiring...and I should hope SO! I would hope they would choose a qualified candidate over an unqualified one...and in doing so, made a good discrimination.

"Discrimination" as a dirty word only applies to the abuse of employers in unfairly refusing to hire qualified candidates based on factors that are NOT to be considered when determining eligibility for the job. This is what I lifted off the government FAQ page regarding EEO:

Federal Equal Employment Opportunity (EEO) Laws

I. What Are the Federal Laws Prohibiting Job Discrimination?

Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;


  • the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
  • the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
  • Title I and Title V of the Americans with Disabilities Act of 1990, as amended (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
  • Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government;
  • Title II of the Genetic Information Nondiscrimination Act of 2008 (GINA), which prohibits employment discrimination based on genetic information about an applicant, employee, or former employee; and
  • the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

So, Dear Readers, in no way is marijuana use part of any protected class ;)

Up Vote Up Vote ×
Uhh riots maybe?

Is your stance really that confusion over laws concerning marijuana use prompted people to engage in race riots? Honestly?

Did you arrive at this conclusion before or after smoking your nightcap?

Up Vote Up Vote ×

This was bound to come up sooner or later. As soon as medical marijuana was legalized in many states, I wondered how long it was going to take before this issue was discussed.

Laws that govern drugs/medications are on the state level, not federal. As such, it is my belief (which means absolutely nothing) that if the state approves either medical marijuana or marijuana altogether (like Colorado), then a nurse cannot be fired or have their license revoked. If a nursing board tried to revoke a license or a facility tried to fire a nurse because of it, I believe a strong & legitimate lawsuit could be brought against them. If it is not illegal, then a nurse cannot be treated as if it were illegal by a facility or state nursing board. Unless it can be PROVEN beyond reasonable doubt that the nurse was working while stoned with a quantitative test for THC, the nurse would win a lawsuit. It runs along the same lines as a nurse having a prescription for a narcotic---if there is a valid prescription for it, it's completely legal. It is completely legal for a nurse to drink alcohol when they aren't working, and so marijuana should be the same. You're right---just because there is no quantitative test for it isn't a nurse's fault.

I wonder if state nursing boards are having meetings on this topic, rather than sitting on their fat asses deciding to nail nurses to the cross for marijuana. Unfortunately, nursing boards can make their own rules because it is an administrative agency that doesn't adhere to actual laws & they do whatever they want to do. This also has to change.

Up Vote Up Vote ×
I am wondering what will happen as more and more states make the recreational use of this drug legal. I mean, I can drink a glass of wine the night before work and not get dinged for it. Nurses can smoke tobacco (not on campus, but at home) - so what happens with the weed? Will the hospitals have to come around and treat it like every other recreational drug out there? I mean, they will have to I think. Do any of your CO or OR Nurses have this issue now? I am not sure an employer can fire you for using a legal substance.

Well sure they can. Thinking of just one instance, there are hospitals that have given staff x amount of time to quit smoking. If they do not (and it is verified with blood tests) they are fired. If they want to return to work, they are offered the chance to reapply in one YEARS time. Last I heard, tobacco is legal.

Up Vote Up Vote ×
+ Join the Discussion