Nevada Becomes the First State to Restrict Employer Use of Pre-Employment Cannabis Tests – Lexology

Following closely on the heels of a similar law in New York City, effective January 1, 2020, it will be unlawful for Nevada employers to reject a job applicant who tests positive for cannabis on a pre-employment drug test. While there is debate as to whether some medical and recreational cannabis laws, including in Maine, allow an employer to take action based on off-duty or off-premises cannabis use, when it comes to job applicants, Nevada law could not be more clear.

Nevada Assembly Bill 132

As we previously reported here, New York City employers will no longer be able to require job applicants to submit to a cannabis test as a condition of employment. There are certain exceptions to the New York City law, including pre-employment drug testing for, among others, people applying to work in certain construction jobs and driver applicants subject to Department of Transportation drug and alcohol testing regulations (Part 40).

Nevada quickly followed suit. On June 5, 2019, Governor Steve Sisolak signed Assembly Bill 132, which makes it unlawful for any Nevada employer to fail or refuse to hire a prospective employee because they submitted to a blood, urine, hair, or oral fluids drug test and the results of the test revealed the presence of cannabis.

The law also provides that if an employer requires an employee to submit to a screening test within the first 30 days of employment, the employee shall have the right to submit to an additional screening test, at his or her own expense, to rebut the results of the initial screening test. The employer shall accept and give appropriate consideration to the results of the second screening test.

Exceptions

Of course, there are exceptions. Specifically, the prohibition does not apply if the prospective employee is applying for a position as

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