New Cali Act Would Stop Employers From Discriminating Against Workers for Off-Work Cannabis Consumption 

According to The National Law Review, a bill proposed within the California Assembly in February 2022 will prohibit employers from discriminating against their employees and job seekers for non-duty marijuana consumption.

Assembly Bill (AB) 2188 is a bill that aims to amend the Fair Employment and Housing Act. Implemented, this bill would make it illegal for employers to make discriminatory remarks against applicants or employees based on the “use of cannabis off the job and away from the workplace.”

This bill also prevents discrimination against employees or applicants who fail drug tests that detect “nonpsychoactive cannabis metabolites in their urine, hair, or bodily fluids.” However, it won’t allow the employees “to be impaired by, or to use cannabis on the job.” AB 2188 also provides for carve-outs for construction and building trades personnel as well as federal contractors as well as federal funding recipients or federal licensees that must ensure that their workplaces are drug-free.

AB 2188 would be a part of the existing body of laws that legalize and regulate marijuana usage within California’s Golden State.

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