A Telsa employee in California is suing the company claiming he was discriminated against and harassed for off-the-clock medical cannabis use, SF Gate reports. Mark Dollard, an employee at Tesla’s Fremont factory who has a valid medical cannabis card in California, claims in the lawsuit that the company also denied him a job transfer after he tested positive for THC.
Dollard was hired in May 2022 and said in the lawsuit that the company was aware of his knee problems – a physical disability – when they hired him. In December 2023, Dollard underwent surgery for his knee condition and was unable to perform the same task at the plant, which led Telsa to encourage him to apply for another job, but the transfer required a drug test which came back positive for THC, according to the lawsuit.
“Defendants disqualified Plaintiff from the position solely on the basis of the THC result and denied his request to use medical marijuana as an accommodation, without engaging in any individualized assessment of whether an accommodation was feasible.” — the lawsuit via SF Gate
The lawsuit contends that Tesla and its third-party human resources contractor failed to engage with Dollard as legally required and following two leaves of absences for medical reasons was told he was at risk of termination for attendance problems despite still having accrued paid time off. The lawsuit also claims that after filing a complaint in May with the state alleging the discrimination and harassment, a Telsa employee began tracking his movement and looking for “pretextual grounds for adverse action,” which qualifies as retaliation.
California law prevents companies from discriminating against applicants or employees for using cannabis outside of work hours. There are exceptions, including for construction and federally regulated jobs, under the law that took effect in January 2024 providing the protections. Dollard said his drug test occurred “in or around 2023 and 2024,” so it is possible the test occurred before the statute was applicable.
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