Though it has been a challenge for employers to hold up with the explosion of healthcare and recreational marijuana laws spreading across the nation, employers have taken some comfort in that most of these states nevertheless grant employers the suitable to retain a drug-no cost workplace and take action against these who test good for marijuana, like rejecting job applicants testing good for drugs. However, the tide appears to be shifting, with a lot more courts granting pot smokers specific rights and obtaining that employers are necessary to comply with federal and state disability laws when confronted with healthcare marijuana customers. Now it appears some jurisdictions are stepping in and granting specific employment protections to off-duty marijuana customers.
Powerful Could 10, 2020, it will be viewed as an unlawful discriminatory practice in New York City for an employer, labor organization, or employment agency to demand a job applicant to submit to a marijuana test as a situation of employment. By way of background, on April 9, 2019, the New York City Council passed (by a 41-four vote) a bill (Intro. No. 1445-A) banning such testing. Since Mayor Bill de Blasio did not sign or veto the bill inside 30 days of its passage, it became law on Could 10, 2019.
The provisions of the law do not apply to people today applying to function in the following positions:
- positions in law enforcement
- specific building jobs (as defined in the law)
- any position requiring a industrial driver’s license
- positions requiring the supervision or care of youngsters, healthcare individuals, or vulnerable persons and
- positions with the “potential to drastically influence the wellness or security of personnel or members of the public,” as determined by guidelines promulgated by the City.
The provisions of the law also do not apply to drug testing necessary pursuant to:
- Division of Transportation (Component 40) or state or nearby drug testing regulations
- federal contracts in between the federal government and an employer or any grant of federal help from the federal government to an employer that mandates drug testing
- any federal or state statute, regulation, or order that needs drug testing of potential personnel for purposes of security or safety and
- any applicants whose potential employer is a celebration to a valid collective bargaining agreement that particularly addresses the pre-employment drug testing of the applicants.
Now a lot more than ever, employers in all jurisdictions should really overview their current drug testing or substance abuse policies and ascertain how finest to address any employee good test outcome for marijuana. In jurisdictions like New York City and Maine, which has a law that arguably could be study to prohibit pre-employment drug testing, employers may perhaps also need to have to look at functioning with their drug testing vendors and Healthcare Overview Officers to assure that job applicants are not tested for marijuana or that such tests are not reported in the final test outcome. As talked about, a lot more states are enacting healthcare and recreational marijuana laws and courts have issued employee-friendly choices addressing current laws, which tends to make it especially significant for employers to remain ahead of this evolving location of the law.