pre-employment testing

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Effective January 1, 2022, most Philadelphia employers will be prohibited from requiring prospective employees to undergo testing for the presence of marijuana as a condition of employment. Currently, only New York City and Nevada have similar drug testing restrictions, but we expect this trend to continue. Nevada prohibits employers from taking adverse action against applicants who test positive for marijuana,…
Continue Reading Philadelphia’s Restrictions on Pre-Employment Marijuana Tests Become Effective January 1, 2022

Last month, a Hawaii federal district court judge denied an employer’s motion to dismiss an applicant’s claim for disability discrimination under the Americans with Disabilities Act (ADA) where the employer merely assumed that an applicant who admitted to having a medical marijuana card was a current marijuana user and would fail a drug test.  
Continue Reading Possession of a Medical Marijuana Card Doesn’t Necessarily Prove Current Drug Use

While it has been a challenge for employers to keep up with the explosion of medical and recreational marijuana laws spreading across the nation, employers have taken some comfort in that most of these states still grant employers the right to maintain a drug-free workplace and take action against those who test positive for marijuana. Yet, the tide seems to be shifting, with more courts granting pot smokers certain rights and finding that employers are required to comply with federal and state disability laws when confronted with medical marijuana users. Now it seems states and localities are stepping in and granting certain employment protections to recreational marijuana users. As we previously reported here, effective February 1, 2018, Maine became the first state in the country to protect employees and applicants from adverse employment action based on their use of off-duty and off-site marijuana. In fact, because Maine only allows employers to prohibit the use and possession of marijuana “in the workplace” and to “discipline employees who are under the influence of marijuana in the workplace,” non-regulated employers may no longer test job applicants for marijuana and cannot take action against an incumbent employee based solely on a positive test result for marijuana.
Continue Reading NYC One Step Away From Banning Pre-Employment Marijuana Tests