Note that there are still things that can impact individual situations. Colorado, being an “at will” state for employment, an employee can be terminated for no reason. They cannot be fired for a “wrong reason” such as being Black or for being Jewish. They CAN be fired for no reason. This CAN be changed by employment contracts, tolerant employers, and for some professions, like nursing, a first offense is treated as a “treatment issue” and generally not grounds for termination.
As we gain more tools for measuring performance instead of blood chemistry, employers will be able to better determine whether an employee is performing up to standards or if they are not. An employee who has slower reaction times, for example, might not be the person to operate a table saw, drive a car, or do anything dangerous. Whether the cause of the behavior degradation is drugs, alcohol, a mix, tiredness, or illness makes no difference to making the best decision about operating a power tool. Whether at home or at work or driving, performance is the only thing that matters. The rest is like taking someones temperature. Without knowing their “normal,” the current body temperature tells us little, including not telling us what the cause of the possible fever might be.
2015 CO 44
No. 13SC394, Coats v. Dish Network — Labor and Employment - Protected Activities
The supreme court holds that under the plain language of section 24-34-402.5, C.R.S. (2014), Colorado’s “lawful activities statute,” the term “lawful” refers only to those activities that are lawful under both state and federal law. Therefore, employees who engage in an activity such as medical marijuana use that is permitted by state law but unlawful under federal law are not protected by the statute. We therefore affirm the court of appeals’ opinion.