California employers should take steps now to ensure their policies and practices align with new employment protections for cannabis consumption. Specifically, employers in the state are now barred from discriminating against workers who test positive for cannabis in certain types of drug screens and asking job applicants or current employees about their off-duty cannabis use. What do you need to know to comply with the new rules? Here’s a breakdown of the requirements and a three-step compliance guide.
Under California’s Fair Employment and Housing Act (FEHA), it is unlawful for an employer to discriminate against job applicants and employees based on a protected class. In other words, employers are prohibited from taking an adverse employment action—such as refusing to hire, demoting or terminating the employee—based on a protected characteristic, such as gender, race, religion, medical condition or disability.
Until 2022, FEHA did not provide protections for cannabis users—but that changed when AB 2188 and SB 700 took effect on Jan. 1.
The California legislature recently enacted two new laws that amend FEHA and protect cannabis users from employment discrimination in some circumstances. Key provisions include the following:
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