Written By ESR News Blog Editor Thomas Ahearn
Some U.S. states and cities that legalized or decriminalized marijuana also passed laws that mitigate the negative impact on job applicants that fail workplace drug testing for marijuana despite the fact the drug is still illegal at the federal level and these laws will spread in 2020, according to the “ESR Top Ten Background Check Trends” for 2020 compiled by leading global background check firm Employment Screening Resources® (ESR).
In June of 2019, Nevada Governor Steve Sisolak signed Assembly Bill 132 that will prohibit the denial of employment because of the presence of marijuana in a pre-employment drug test on prospective employees except under certain specific circumstances. AB 132 – which took effect January 1, 2020 – makes Nevada the first state to prohibit denial of employment due to positive marijuana drug test.
In April of 2019, the New York City Council passed Introduction No. 1445-A that prohibited New York City employers from requiring applicants to submit to drug testing for the presence of tetrahydrocannabinol (THC), the active ingredient in marijuana, as a condition of employment. The bill became a law on May 10, 2019, so New York City employers must comply with the marijuana drug testing ban by May 10, 2020.
The courts have also ruled on marijuana drug testing. In March 2019, a New Jersey appellate court ruled in a lawsuit between a funeral home and a former employee with cancer that employers cannot automatically fire medical marijuana users for failing a drug test since they may be protected under the state’s Law Against Discrimination (LAD) since New Jersey legalized medical marijuana in 2010.