Employers would be prohibited from denying a person a job for their non-work-related cannabis use in a bill passed by the state Senate 28-21 and the House of Representatives 57-41.
Currently, there is one difference between the two bills. The House bill excludes people seeking positions as a first responder or corrections officer, or with a law enforcement agency or a fire department. Both bills exclude applicants in the aviation and aerospace industries because of federal transportation rules.
Beyond those exemptions, Engrossed Substitute Senate Bill 5123 would prohibit discrimination from employers in the hiring process if it is based on a person’s cannabis use away from the workplace or if a drug test shows non-psychoactive cannabis in a person.
State Sen. Karen Keiser, D-Des Moines, the bill’s sponsor, said legal cannabis use outside can leave metabolites in a person’s body fat for weeks and does not indicate whether a person is impaired.
“It simply doesn’t make sense to base an employment decision on that kind of unreliable outcome and test,” she said. “It really comes down to discriminating against people who use cannabis.”
State Rep. Suzanne Schmidt, R-Spokane Valley, said ESSB 5123 takes away rights from employers.
“It is the employer’s responsibility to provide a safe work environment, and we feel that this bill is taking that ability away from the employer,” she said. “It doesn’t allow them to act in that responsible manner.”
Keiser said ESSB 5123 only applies to...
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