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Stoney Girl · 06-29-2008, 12:38 PM

This ruling should be appealed. It violates ADA.

Re: OR Court of Appeals Win

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I can't stress the importance of the Americans with Disabilities Act enough in the medical marijuana community. As disabled people, we have civil rights that are protected by the ADA, and those protections have teeth: those who violate those rights can be fined heavily by the Feds. Here is what the court ruled in the Emerald Steel Fabricators, INC case on the ADA issues:

3. ORS 659A.112(1) provides:
"It is an unlawful employment practice for any employer to refuse to hire, employ or promote, to bar or discharge from employment or to discriminate in compensation or in terms, conditions or privileges of employment because an otherwise qualified person is a person with a disability."

ORS 659A.112(2) provides, in part, that an employer violates subsection (1) of the statute if it does any of the following:

"(c) The employer utilizes standards, criteria or methods of administration that have the effect of discrimination on the basis of disability, or that perpetuate the discrimination of others who are subject to common administrative control.

"* * * * *

"(e) The employer does not make reasonable accommodation to the known physical or mental limitations of an otherwise qualified person with a disability who is a job applicant or employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer.

"(f) The employer denies employment opportunities to a job applicant or employee who is an otherwise qualified person with a disability, if the denial is based on the need of the employer to make reasonable accommodation to the physical or mental impairments of the employee or applicant.

"(g) The employer uses qualification standards, employment tests or other selection criteria that screen out or tend to screen out a person with a disability or a class of persons with disabilities unless the standard, test or other selection criterion, as used by the employer, is shown to be job-related for the position in question and is consistent with business necessity."

06-29-2008, 12:38 PM	#5
Stoney Girl Free Thinker Join Date: Apr 2008 Location: Happy Valley, Oregon Posts: 53	Re: High Hopes for Medical Pot Users This ruling should be appealed. It violates ADA. Re: OR Court of Appeals Win -------------------------------------------------------------------------------- I can't stress the importance of the Americans with Disabilities Act enough in the medical marijuana community. As disabled people, we have civil rights that are protected by the ADA, and those protections have teeth: those who violate those rights can be fined heavily by the Feds. Here is what the court ruled in the Emerald Steel Fabricators, INC case on the ADA issues: 3. ORS 659A.112(1) provides: "It is an unlawful employment practice for any employer to refuse to hire, employ or promote, to bar or discharge from employment or to discriminate in compensation or in terms, conditions or privileges of employment because an otherwise qualified person is a person with a disability." ORS 659A.112(2) provides, in part, that an employer violates subsection (1) of the statute if it does any of the following: "(c) The employer utilizes standards, criteria or methods of administration that have the effect of discrimination on the basis of disability, or that perpetuate the discrimination of others who are subject to common administrative control. "* * * * * "(e) The employer does not make reasonable accommodation to the known physical or mental limitations of an otherwise qualified person with a disability who is a job applicant or employee, unless the employer can demonstrate that the accommodation would impose an undue hardship on the operation of the business of the employer. "(f) The employer denies employment opportunities to a job applicant or employee who is an otherwise qualified person with a disability, if the denial is based on the need of the employer to make reasonable accommodation to the physical or mental impairments of the employee or applicant. "(g) The employer uses qualification standards, employment tests or other selection criteria that screen out or tend to screen out a person with a disability or a class of persons with disabilities unless the standard, test or other selection criterion, as used by the employer, is shown to be job-related for the position in question and is consistent with business necessity."