HYPOTHETICAL

Sofia Garcia, a 46 year old from Puerto Rico, has relocated to Florida following hurricane Maria. She applies to your company, AtWill Corporation, for an accounting manager position. AtWill employs over 100 employees in Tampa, FL where this position is located. You and the others who interview her decide she is a good fit. You offer her the job following the successful completion of her background screen. AtWill is a drug free workplace and requires all applicants to pass a drug test before being offered employment. Upon learning of the testing, Sofia shows you her Florida medical marijuana card and informs you that she suffers from PTSD following hurricane Maria and her physician has prescribed her with medical marijuana. She clarifies that she only uses the medical marijuana at night, after working hours, at home. The use of medical marijuana is legal in the state of Florida with a physician approved medical marijuana card.

QUESTIONS

1. How should AtWill handle this situation?
2. Should they hire Sofia? What documents or processes should they a) have in place to address this issue and b) provide to Sofia?
3. What laws could Sofia be protected by / What risks does AtWill have?