A federal court in Indiana dismissed an employee’s lawsuit after he tested positive for marijuana due to alleged CBD use and claimed that his termination was discriminatory on the basis of a disability. Rocchio v. E&B Paving, LLC, and Int’l Union of Operating Engineers Local 103, Case No. 1:20-cv-00417 (S.D. Indiana March 31, 2022).
The employee was an engineer who was subject to random drug testing under his employer’s drug testing policy. The policy required testing for marijuana and also provided for termination in the event of a positive drug test result.
