Employers can't discriminate for cannabis use outside of work, under state laws

[orthene]

https://cbs6albany.com/news/local/employers-cant-discriminate-for-cannabis-use-outside-of-work-under-state-laws

Albany, NY (WRGB) — It's been over a year since cannabis was legalized in New York State, and an attorney CBS6 spoke with said some employers are still unaware of the changes to state Labor Laws.

The New York State Department of Labor says the Marijuana Regulation and Taxation Act amended Section 201-D of the New York Labor Law to clarify cannabis use.

The DOL says employers are prohibited from discriminating against employees based on the employee's use of cannabis outside the workplace, outside of work hours, and without use of the employer's equipment or property. But, employers may create policies which prohibit employees from performing their duties while impaired by cannabis.

Melinda Mack, the Executive Director of the New York Association of Training and Employment Professionals, says many employers are treating cannabis use as they would treat alcohol. She says an employer could only take action, if they can prove impairment, which isn’t always easy.

The Key there is impairment." Mack said. "Of course there’s no real measure of impairment for cannabis. You can’t take a test where the test would come back positive that you’re impaired for cannabis use like you can for alcohol.
And she said you can not act on smell alone.

"You can’t discriminate against someone if they walk in the door and smell of cannabis, because it does not mean that they’re impaired." Mack said. "They could’ve hopped a ride with a friend or family member who was using cannabis and then they happen to smell like it, or they could be at someone’s house and the house smells like it."

Leaders with Community Care Physicians and Capital HealthCare Associates tell me many employers who use their drug testing service have stopped screening for cannabis, but they still screen for other drugs of abuse.

And some jobs have federal regulations that still require drug screening for cannabis - like Department of Transportation or commercial drivers.

However, Kelly Magnuson, an Employment Law Attorney with Martin, Harding, & Mazzotti says not all employers are aware of the amended labor laws yet.

We've had employees subjected to drug screens, even since the law has changed." Magnuson said. "And generally when we reach out to employers and say 'Hi, you offered this person a position and now you’ve retracted it.' Their response has been 'I didn’t know I couldn’t do a drug screen.'
Magnuson said many employers are responsive once they learn of the changes, but it could result in a Wrongful Termination or Improper Hiring Practice lawsuit.

"Both of those result in the same types of damages - loss of earnings." she said.

Both Magnuson and Mack say employers are still learning and adapting to these new laws, and it's too soon to see any major trends.

Magnuson said she doesn't think drug screening will completely disappear.

Mack says it could benefit employees. "I do very much think that this could open up a lot more opportunity for people who are traditionally screened out of employment because they use cannabis on the weekends or after work." She said "So I do think there’s a huge opportunity for us to increase the number of people who are available to work across the capital region and across New York."

To learn more about cannabis and the workforce in New York visit: https://dol.ny.gov/system/files/documents/2021/10/p420-cannabisfaq-10-08-21.pdf

[jones]

I just love the sound of this, proving actual impairment is gonna be tough

                                                           

[KratomToke]

I just love the sound of this, proving actual impairment is gonna be tough

                                                           

YEP sounds right to me Jones