Off Work Cannabis Use is Protected Activity

Off Work Cannabis Use is Protected Activity

Starting January 1, 2024, California employers are barred from asking workers about their use of cannabis outside of work and from discriminating against employees because of it. However, this bill does not allow for employees to possess, be impaired by, or use cannabis while on the clock. It also does not apply to employees in “the building and construction trades” and applicants or employees for federal jobs who require U.S. Department of Defense clearance may still be denied employment and face disciplinary action for cannabis use outside of work.

Under the Fair Employment Housing Act employers are barred from asking job applicants about their prior cannabis use.  And employers are prohibited from using the results of hair or urine tests for marijuana, which can detect traces of cannabis for days or weeks, in their hiring, firing, and disciplinary decisions with respect to employees. 

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