Tag: Washington State Senate

Bill Prohibiting Employment Discrimination Toward Cannabis Users Introduced in Washington State Senate January 18, 2023 The Washington State Senate has seen a new bill prohibiting employers from discriminating or terminating based on positive tests for off-duty marijuana use or THC metabolites. This new legislation would also ban employers from refusing to hire someone for past use of cannabis. Washington state legalized medical cannabis in 1998. In 2012, it became one of the first to legalize recreational cannabis. Since the legalization in 2012, a disconnect formed between prospective employees' legal activities and employers' hiring practices. As a result, Senator Karen introduced this bill, Senate Bill 5123, to address this disconnect. According to the bill, "Applicants are much less likely to test positive or be disqualified for the presence of alcohol on a screening test compared with cannabis, despite both being legally allowed controlled substances." Therefore, the legislature intends to prevent restricting job opportunities based on an applicant's past use of cannabis. This two-page bill would change chapter 49.44 RCW, creating several new hiring and employment protections for cannabis users. First, " is unlawful for an employer to discriminate against a person in hiring if the discrimination is based upon: The person's use of cannabis off the job and away from the workplace; or An employer-required drug screening test has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids." However, the law does provide employers with some leeway to enforce a drug-free workplace. Specifically, the bill states that nothing in this section "rohibits an employer from discriminating in hiring based on scientifically valid drug screening conducted through methods that do not screen for non-psychoactive cannabis metabolites." The bill provides carve-outs for employers in the building and construction trades. In addition, the bill includes any "rights or obligations'' of employers provided under federal law or regulation. However, this section does not apply to positions requiring a background investigation by the federal government or a security clearance. Furthermore, the law does not preempt state or federal laws that require testing as a condition of employment and how they get tested. However, it does not prevent employers from complying with federal funding, licensing benefits, or contract requirements. If passed into law, this act would take effect on January 1st, 2024. Therefore, employers should wait to see if it passes. Enacting this bill could significantly impact the hiring process when drug screening and considering previous criminal history concerning cannabis. With this in mind, working with a trusted screening provider is more important than ever to ensure compliance with all local, state, and federal employment regulations. Keep your business up to date on new laws and regulations with Pre-employ’s free news resources Contacting a Sales Rep Today. Source

Tag: Washington State Senate

Bill Prohibiting Employment Discrimination Toward Cannabis Users Introduced in Washington State Senate

Our Process

Our Platform

Screenings

For Your Industry

For Your Role

Webinar

Resources Library

Logins

E-Book

Services

Industry

Resources

Our Company