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New California Legislation Would Bar Employers From Discriminating Against Workers for Cannabis Use

Assembly Bill 2188 would prohibit employers from discrimination in hiring, termination or other conditions of employment based on employees’ off-duty cannabis use.

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A new bill in California would bar employers from discriminating against workers for using cannabis, which has been legal for adults 21 and older since 2018.

Assembly Bill 2188, sponsored by Assemblyman Bill Quirk, would prohibit employers from discrimination in hiring, termination or other conditions of employment based on employees’ off-duty cannabis use, according to a Bloomberg Law report.

Since THC can stay in a person’s system after they are no longer impaired, A.B. 2188 specifically states that employers should use tests that “measure an individual employee against their own baseline performance and tests that identify the presence of THC in an individual’s bodily fluids,” Bloomberg Law reported.

The bill allows exceptions for construction trade employees, according to the news outlet, and would not preempt state or federal laws that require employees to submit to drug testing.

The legislation is scheduled for a hearing April 20 in the Assembly Labor and Employment Committee, Bloomberg Law reported.

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