The California Assembly has passed a bill that would prohibit employers from discriminating against workers and job applicants for off-duty marijuana use.
Assembly Bill (AB) 2188 would amend the state's Fair Employment and Housing Act to make it unlawful for employers to discriminate against both job applicants and employees for the "use of cannabis off the job and away from the workplace." If passed, the bill would also prevent discrimination against applicants or employees that fail drug tests detecting "nonpsychoactive cannabis metabolites in their urine, hair, or bodily fluids."
The bill would not permit employees to be impaired by or use cannabis on the job. It also carves out provisions for building and construction trades employees, federal contractors, federal funding recipients, or federal licensees required to maintain drug-free workplaces.