Today's Law As Amended


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AB-1256 Employment discrimination: cannabis screening test.(2021-2022)



As Amends the Law Today


SECTION 1.
 The Legislature find and declares both of the following:
(a) Tetrahydrocannabinol (THC) is the chemical compound in cannabis that can indicate impairment and cause psychoactive effects. After tetrahydrocannabinol is metabolized, it is stored in the brain and fat cells as a nonpsychoactive cannabis metabolite. These metabolites do not indicate impairment, only that an individual has consumed cannabis in the last few weeks.
(b) The intent of drug tests is to identify employees who may be impaired. While there is consensus that an employee should not arrive at a worksite high or impaired, when most tests are conducted for cannabis, the results only show the presence of the nonpsychoactive cannabis metabolite and have no correlation to impairment.

SEC. 2.

 Section 52.8 is added to the Civil Code, to read:

52.8.
 (a) Except as specified in subdivision (c), an employer shall not discriminate against a person in hiring, termination, or any term or condition of employment on account of the fact that a drug screening test has found that person to have nonpsychoactive cannabis metabolites in their urine, hair, or bodily fluids.
(b) A person who has suffered discrimination in violation of subdivision (a) may institute and prosecute in their own name and on their own behalf a civil action for damages, injunctive relief, reasonable attorney’s fees and costs, any other appropriate equitable relief to protect the peaceable exercise of the right or rights secured, and any other relief the court may deem proper.
(c) This section does not prohibit an employer from conducting a screening test for nonpsychoactive cannabis metabolites if any of the following apply:
(1) The employer is required to conduct that test by federal law or regulations, including Subpart F of Part 655 of Title 49 of the Code of Federal Regulations and the federal Drug-Free Workplace Act of 1988.
(2) The employer would lose a monetary or licensing-related benefit for failing to do so.
(3) The employment is in the building and construction trades.