The California Senate has passed a bill banning employers from inquiring about a job applicant’s past use of marijuana. The legislation passed through four committees before receiving the Senate’s approval. Now, the assembly will consider the bill.
The bill would expand California’s current employment protections. These protections prohibit employers from penalizing workers for legally using marijuana when off duty. For example, it prevents employers from discriminating against individuals in the hiring and termination process. It also protects other terms or conditions of employment. As such, employers cannot penalize individuals based on a person’s off-duty use of marijuana. They also cannot discriminate due to drug tests showing cannabinoid metabolites.
However, there are exceptions to the regulation. However, the law provides several exceptions. One exception includes people working in the construction or building trades; another includes positions requiring security clearances or federal background checks. Should the Governor sign this bill into law, it will take effect on January 1, 2024. The cannabis employment protection law signed by the Governor last year will take effect simultaneously.
Employment policies concerning cannabis use have become increasingly popular as more states have legalized the recreational use of cannabis. States such as Washington, Nevada, and New York have passed laws that protect workers from discrimination during the hiring process due to their lawful use of marijuana. New York also provides additional protections for workers who lawfully use marijuana while off-duty.
Michigan has also considered limited protections for marijuana users. Recently, the state proposed discontinuing pre-employment drug testing for marijuana for applicants for most government jobs. In addition, the state will consider retroactively rescinding the sanctions imposed on individuals for testing positive on THC tests.
Some federal agencies may also alter policies regarding marijuana use. The U.S. Department of Transportation recently amended its drug testing policy to reduce false positive results, which could help individuals who have used marijuana but do not work while impaired.
The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has also changed its employment policies. For example, applicants who have manufactured, grown, or sold marijuana while working in a position with public responsibility would not face automatic disqualification. However, this change applies to those who comply with applicable state laws.
Many states and government agencies have changed or considered changing their marijuana policies. As such, businesses should consider reviewing their policies and determining the necessity of change. One of the best ways to ensure that background screening procedures comply is to partner with an experienced background screening company you can trust.
Bill Prohibiting Employers From Inquiring About Past Marijuana Use Passes California Senate
Sean Hocking
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