Attention to all legal professionals, starting next year, California will bring into effect two new laws that will change how employers can respond to their workers’ off-duty cannabis use. These changes should be followed closely to ensure understanding and necessary adaptations are made in your company’s approach.
The legislation reflects a cultural shift in how marijuana use is seen and represents even greater changes in the relationship between employers and employees.
The first law set to be implemented restricts an employer’s ability to inquire about a potential employee’s prior cannabis use during the hiring process. This decision marks a significant reduction in the level of oversight employers have over their potential employees’ previous drug use. This restriction protects potential employees from potential discrimination based on past behavior.
The second law to be effected limits what measures an employer can take following a positive marijuana drug test from an employee. Given the increasing legality of recreational and medical marijuana and changing societal standards, determination of impaired work performance due to cannabis use may become more nuanced. It is no longer as black and white if an employee’s test returns positive for marijuana use.
It is worth recalling this isn’t the first time the Golden State has implemented such laws. In fact, last year a similar law, namely AB 2188, was signed by Governor Newsom. This law prohibits any adverse action against an individual because of their use of cannabis off the job and away from the workplace. It also prevents any negative action from being taken by employers based on the results of a positive marijuana test.
Undoubtedly, this new legal landscape will create ripple effects throughout corporate policies, emphasizing the significance and value of employee privacy rights, even when it comes to off-duty marijuana use. It’s therefore incumbent for legal professionals, especially those dealing with employment laws, to judiciously follow these new laws and their implementation.
Read the full details of these new laws at JD Supra.