Tag: DC

DC Council Approves Bill Providing Marijuana Users Employment Protections Washington, DC's City Council has passed a bill granting broad employment protections for users of marijuana. This bill, known as the Cannabis Employment Protections Amendment Act of 2022, would prohibit employers from taking adverse employment action against any person for the use of marijuana regardless of how they test for the drug. The bill will now proceed to Mayor Muriel Bowser, and if it is signed, it will proceed to a 60-day period of congressional review and publishing in the District of Columbia Register before becoming law. The bill would prohibit employers from refusing to hire candidates for employment due to the use of cannabis, testing positive for marijuana use without impairment, or status as a medical marijuana patient. Similarly, it would forbid employers from terminating, failing to promote, demoting, or suspending current employees for meeting any of these same criteria. Though the law's protections are extremely broad, there are exceptions. Employers may take adverse action if they are acting under federal requirements concerning the use of marijuana, as well as if an employee uses marijuana in the workplace or during the performance of work-related duties. The bill would also permit employers to take action against the "use, consumption, possession, storage, delivery, transfer, display, transportation, sale, purchase, or growing of cannabis at the employee's place of employment while performing work for the employer, or during the employee's hours of work unless otherwise required pursuant to section 211(b-1) of the Human Rights Act of 1977." The bill would also provide exceptions for certain types of occupations, including those in "safety-sensitive" positions, which are defined as those "designated by the employer, in which it is reasonably foreseeable that, if the employee performs the position's routine duties or tasks while under the influence of drugs or alcohol, he or she would likely cause actual, immediate, and serious bodily injury or loss of life to self or other. The bill would also provide exceptions for cases where an "employer's actions are required by federal statute, federal regulations, or a 92 federal contract or funding agreement." Under the bill, employers would also be required to deal with medical marijuana used to treat a disability in the same way that it would regard the use of any other controlled substance prescribed or used under the supervision of a licensed medical professional. This means, among other responsibilities, that an employer must engage in an interactive process with medical marijuana users to determine if a reasonable accommodation may be made and any burdens it may place on the employer. Should this bill become law, employers will be required to inform employees of their new rights within 60 days and notify them of whether or not they are in a position designated as "safety-sensitive" as well as of the employer's protocols for drug and alcohol testing. Going forward, employers will be required to provide this notice to all new hires and annually thereafter. Stay updated on new ordinances like this with Pre-employ’s free news resources. Contact a sales rep today for more information. Source

Tag: DC

DC Council Approves Bill Providing Marijuana Users Employment Protections

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