In an issue to be covered by an HR Policy conference call next week, the New York City Council recently passed a measure supported by Mayor Bill de Blasio that would prohibit most pre-employment testing for marijuana and take effect one year after it is signed into law.
The bill amends the New York City Human Rights Law to make it an "unlawful discriminatory practice" for an employer or employment agency to screen job applicants for the presence of any tetrahydrocannabinols or marijuana in their system "as a condition of employment." This measure would be the first law of its kind in the U.S.
It does not restrict employers from screening job applicants for other unlawful drugs, nor does it limit testing employees in the workplace for marijuana or other drug use, including random, reasonable suspicion, or post-accident drug testing.
The bill also contains a long list of exceptions, particularly for jobs involving safety and security. For example, any drug testing required pursuant to any federal contract or grant, or any federal or state law that requires drug testing of prospective employees for purposes of safety or security would still be allowed.
Carve out for union agreements: The bill also would exclude testing required under a valid collective bargaining agreement if the agreement specifically addresses pre-employment drug testing of applicants.
HR Policy will be holding a one-hour conference call on May 1 from 11:00 am to noon EDT to discuss the challenges and best practices regarding drug testing job applicants and employees. Members can register here or contact Natalie Stewart at [email protected].
Takeaway: Employers may want to review their pre-employment drug testing policies, consider positions that may be exempt from the bill, and prepare to modify testing polices once the bill is enacted. Employers with collective bargaining agreements may want to review their agreements and consider whether to negotiate specific provisions addressing pre-employment drug testing.
