On October 7, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 700 into law, marking an important turn in antidiscrimination practices in employment across the state. The bill marks an expansion to California’s Fair Employment and Housing Act, which now protects applicants from discrimination based on their prior cannabis use.
While many have hailed this change as a progressive shift acknowledging the evolving social acceptance of marijuana use, the bill is not without its exceptions. The passage of the amendment indicates a nuanced approach to employment screening processes involving recreational drug use, increasing the complexity of hiring procedures for California employers.
Set to come into effect on January 1, 2024, the legislation represents a significant development in employment law, likely to be reflected in amendments in other jurisdictions grappling with similar issues. What remains unclear, however, is the potential impact this may have on employer liabilities and the adjustments required in their hiring protocols to meet these new legal standards.
With increasing numbers of U.S. states legalizing marijuana for recreational use, and Canada following suit with country-wide legalization, it has become increasingly clear that traditional practices of disqualifying candidates based on cannabis use are being reevaluated on a large scale. This law represents a necessary development in tune with evolving societal norms.
The full information about the SB No. 700 and its implications can be found on JDSupra.com courtesy of Ogletree, Deakins, Nash, Smoak & Stewart.