Protecting Employee Rights: New Laws in California Combat Workplace Discrimination for Cannabis Users The state of California is taking a significant step toward protecting the rights of employees who engage in cannabis use outside of the workplace. Starting January 1st, 2024, two new laws, Assembly Bill 2188 and Senate Bill 700, will expand the state’s Fair Employment and Housing Act to provide certain employment protections for individuals who consume marijuana. Assembly Bill 2188, which was passed and signed into law by Governor Gavin Newsom in 2022, aims to prohibit employers with five or more employees from penalizing workers for off-duty cannabis use. The law also prevents employers from inquiring about an applicant’s prior use of cannabis, except in cases where they are legally allowed to consider a criminal history related to cannabis offenses. Senate Bill 700, signed this year, further clarifies and expands the provisions outlined in AB 2188. Under these new laws, employers cannot reprimand employees who fail an employer-required drug screening test due to the presence of “non-psychoactive cannabis metabolites.” These metabolites are inactive remnants of cannabis that remain stored in the body after THC metabolizes. It is important to note that these metabolites do not indicate impairment and have not been linked to a higher risk of workplace accidents, according to the National Organization for the Reform of Marijuana Laws (NORML). Most drug tests conducted by employers primarily screen for these metabolites rather than active THC. It is crucial to underline that these laws do not prohibit employers from implementing other measures to maintain a drug-free workplace. Employers still have the right to screen workers for the presence of active THC and take disciplinary action against employees who are impaired while on the job. However, it is essential to strike a balance between protecting employee rights and ensuring workplace safety. Certain types of employers, such as those in construction trades or workplaces that receive federal funding, are exempt from the testing protections outlined in these laws. These employers are mandated by federal law to test for controlled substances. The legalization of marijuana for recreational use by adults in California through Proposition 64 in 2016 marked a significant milestone. However, workplace discrimination against individuals who lawfully use cannabis continues to be a pervasive issue, particularly affecting Black communities. A study conducted by the American Addiction Centers revealed that Black individuals are over twice as likely to face reprimands or termination for failing a drug test compared to their white counterparts, who often experience more leniency from employers. California now joins seven other states, including Washington, Nevada, New York, New Jersey, Connecticut, Montana, and Rhode Island, in enacting laws aimed at protecting employment rights for both recreational and medicinal marijuana users. Additionally, twenty states, such as Arkansas, Delaware, Illinois, Maine, and Pennsylvania, only prohibit workplace discrimination against medical marijuana users. As personal injury bloggers, we recognize the importance of advocating for the rights of individuals who may face discrimination due to their cannabis use. We support these new laws in California and encourage other states to follow suit in addressing this issue. It is essential to create a fair and inclusive working environment that respects the rights of individuals while ensuring workplace safety. (Tag: Employment Discrimination) (Image: Cannabis Leaf)