Effective January 1, 2024, California’s Fair Employment and Housing Act (“FEHA”) makes it unlawful for employers to discriminate against workers who test positive for cannabis in certain types of drug tests and to inquire about their off-duty cannabis use.
AB 2188 and SB 700 took effect on January 1, 2024, and prohibit discrimination based on cannabis use outside of the workplace. AB 2188 also prohibits employers from testing current or prospective employees for non-psychoactive cannabis metabolites or using the tests of the same in any employment decision. However, AB 2188 does not affect the rights of employers to maintain a drug-free workplace. Employees or job applicants who are under the influence, actively impaired, or bring cannabis to work may still be denied employment opportunities, disciplined, or terminated on this basis.
3-Ways Employers can navigate AB2188 and SB 700:
- Update Policies: Review your current policies on drug and alcohol use. Ensure that antidiscrimination policies and drug use policies align with the new protections regarding prior cannabis use.
- Revise Testing Procedures: Make any necessary changes to ensure compliance—and, if need be, reach out to your drug-screening vendors. If you use drug screens to detect cannabis use, reevaluate your screening methods to detect only so-called psychoactive cannabis metabolites.
- Review New Hire Paperwork: Examine your applications and new hire documents to confirm that they do not ask for impermissible details about a job applicant’s past cannabis use.
For more information on Employer compliance with AB 2188 and SB 700, please contact us at info@mnklawyers.com.
This material is provided for informational purposes only. It is not intended to constitute legal advice, nor does it create a client-lawyer relationship between MNK Law and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material.
