A CBD user drug tests positive. Do we have to excuse it? Is she actually disabled?

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The EEOC has guided employers to accommodate employee use of certain prescribed medications, and excuse failed drug tests that reflect the presence of those drugs — if it is done safely — because those individuals who test positive likely have an underlying disability.

But, when employee self-medicate — like with CBDs for stress and anxiety — not only is there no duty to accommodate, the employee may not be able to establish an underlying disability.

Here is an example from a recent federal court decision in which an employee took three drug tests when her employment began. The first

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