“The Preferred Sones
ENT OF PusLic Wo,
RS
May 28, 2019
Re: ADA Request
Mr. Hedgeman:
The Department of Public Works (DPW) has processed your request for an accommodation in
sony position as a Motor Vehicle Operator under the American Disabilities Act (ADA). Your
Reaves! was for the ability to use medical marijuana for your medical condition. Under the ADA,
8 qualified individual with a disability “shall not include any employee or applicant who is
Currently engaging in the illegal use of drugs.” 42 U.S. Code §12114(a). The ADA defines
illegal drugs as the use, possession or distribution of drugs deemed unlawful under the
Controlled Substances Act, 21 U.S. Code §801, et. seq. The District of Columbia laws allow for
ne use of medical marijuana, however, it is still an illegal drug under the Controlled Substances
ct.
Additionally, you are a motor vehicle operator. Your position is deemed safety sensitive under
Chapter 4 of the District Personnel Manual, which prohibits impairment by any drug or alcohol
while on duty.
For the reasons stated above, DPW cannot provide your requested accommodation for the use of
medical marijuana. However, DPW will allow you thirty (30) days from the date of this letter to
work with your physician to provide an alternate treatment for your medical condition. You will
be allowed to take leave, paid or unpaid, for those thirty (30) days. You will report back to
DPW, through Annie Johnson, Management Liaison Specialist, updated medical d
identifying alternate treatments. That documentation is to be submitted no later