The Illinois’ law further protect employees from disciplinary action for having or saying they have a medical marijuana card. However, the new law does not address an employer enforcing its own drug policy. Therefore, some are concerned that Illinois residents who use of the new medical marijuana law may risk their jobs if their employers have zero-tolerance drug policies.
There is also risk to an employer who might fire an employee as a result of using medical marijuana. The Right to Privacy in the Workplace Act, 820 ILCS 55/5(a), states that, with some exceptions, it is illegal for an employer to: "refuse to hire or to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual uses lawful products off the premises of the employer during nonworking hours."
As a result of the new law, many employers are revising their drug policies to reflect the new law — and employees are urged to research their workplace's drug policies.