More and more companies are implementing socially conscious policies on topics ranging from banning the use of plastic-ware to refusing to reimburse employees for meals that include meat or are otherwise non-vegan. Companies are generally free to implement these types of policies, as long as employees are not unlawfully discriminated against as part of the policy. I recently examined the legality of company implementation of socially conscious policies in the workplace in an article published Workplace Magazine.
“Title VII of the Civil Rights Act protects employees from discrimination on the basis of race, color, religion, sex and national origin, and the American with Disabilities Act protects employees with disabilities; the Age Discrimination in Employment Act prohibits age discrimination. But there is no employment law protecting an employee’s right to use plastic,” I explained.
Bass, Berry & Sims attorney Dustin Carlton discussed the tension that exists between state and federal laws regarding medical marijuana use in the workplace. While marijuana remains a controlled substance under federal law and currently illegal to use, many states have legalized the drug for medical and even recreational use. Many employers are faced with remaining compliant with these opposing laws. Dustin recommends employers review any current zero-tolerance policies in light of new state laws, “If you are a multi-state employer, you need to assume you need to make some modifications to tailor to each individual state, or make concessions in terms of past practices.”
