Virtually all California employers with five or more employees are covered by the Fair Employment and Housing Act (FEHA), the state’s most noteworthy civil rights law. FEHA protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment free from discrimination by establishing a comprehensive scheme to combat employment discrimination.
It currently prohibits covered employers from discriminating against any person with respect to nearly all terms, conditions, and privileges of employment on the basis of any of the following: race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
With the passage of Assembly Bill 2188, which adds Section 12954 to the Government Code, California lawmakers have included another protected category to that list—off-duty and off-site cannabis use. In addition, the new law amends FEHA to prohibit employers from taking action based upon traditional drug screening methods.
In the new law, the Legislature finds and declares that tetrahydrocannabinol (THC)—the psychoactive chemical compound in cannabis—is stored in the body as a nonpsychoactive cannabis metabolite after it is metabolized. The law further states that these metabolites do not indicate impairment, but only that an individual has consumed cannabis in the last...
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