Florida Court Rules That the Florida Constitution Required a Public Employer to Accommodate Off-Duty Medical Marijuana Use
A Florida state court recently held that an employer violated the Florida Civil Rights Act by failing to accommodate an employee’s off-duty, off-site medical marijuana use to treat his disabilities. The court granted summary judgment in favor of the former employee, whom the employer had placed on unpaid administrative leave after he tested positive for […]
Third Circuit Rules New Jersey Marijuana Law Lacks Private Right of Action to Enforce Employment Protections
A federal appellate court has ruled that a New Jersey law regulating recreational marijuana use does not grant job applicants the right to sue employers that rescind job offers after positive pre-employment drug tests for marijuana. The court found that the law does not provide a private right of action to enforce its employment protections. […]
Weed at Work: Can Georgia Employers Still Drug Test?
Across the United States, a broad legal spectrum has developed regarding the use of marijuana, thus creating great uncertainty among employers that have long striven to maintain drug-free workplaces. Federally, marijuana still is classified as a prohibited Schedule I substance under the Controlled Substance Act. In recent years, many states have decriminalized marijuana, some limiting […]
California Expands Marijuana Employment Antidiscrimination Law
On October 7, 2023, California Governor Gavin Newsom signed Senate Bill (SB) No. 700 into law, expanding California’s Fair Employment and Housing Act to protect applicants from discrimination based on prior cannabis use, with certain exceptions. The amendment takes effect on January 1, 2024. Quick Hits SB 700 amends California’s Fair Employment and Housing Act to prohibit […]
New Washington State Law Will Protect Job Applicants From Discrimination Based on Off-Duty Marijuana Use
Employers in Washington will soon be prohibited from making hiring decisions based on preemployment testing for off-the-job cannabis use or test results showing nonpsychoactive cannabis metabolites in an applicant’s hair, blood, urine, or other bodily fluids. Washington’s new law, Senate Bill 5123, signed by Governor Jay Inslee on May 9, 2023, takes effect on January […]
