Below you'll find summaries of Assembly Bill (AB) 2188 and Senate Bill (SB) 700, which address employment discrimination and drug testing.
Protection Against Discrimination for Off-Duty Cannabis Use (AB 2188):
Effective January 1, 2024, AB 2188 makes it unlawful for employers to discriminate against job applicants or employees based on their off-duty use of cannabis or the presence of nonpsychoactive cannabis metabolites in certain drug test results.
Employers cannot penalize individuals based on hair, blood, urine, or other body fluid tests that indicate the presence of nonpsychoactive cannabis compounds.
This law does not permit cannabis use or possession in the workplace and does not restrict employers from maintaining a drug- and alcohol-free environment.
Employers can still use valid, scientifically backed drug screening methods that do not detect nonpsychoactive cannabis metabolites.
AB 2188 grants exemptions, for example, for employees in the building and construction industry.
Expanded Protection Under Fair Employment and Housing Act (SB 700):
SB 700 enhances protections under California's Fair Employment and Housing Act by prohibiting hiring discrimination based on an applicant's prior cannabis use, with specific exceptions.
Employers cannot inquire about a job applicant's past cannabis consumption.
Additionally, it is unlawful for employers to utilize criminal history information related to prior cannabis use in their employment decisions, barring situations where state or federal laws allow for such consideration or inquiry.
With these laws, California progresses towards greater privacy and nondiscrimination for individuals who use cannabis away from their workplace. As an employer, it's essential to review your company's hiring and drug testing policies to ensure compliance with these updates.
If you need assistance in understanding these new requirements, wish to update your policies, or have any questions, please feel free to reach out to us for guidance and support.