Workplace Drug Testing Issues – California State Laws
These categories do not effect DOT-regulated drug testing. Government employers should always call for potential additional restrictions on employee drug testing.
- California – AB 2188 – Passed – 09/19/22 – Amends the California Fair Employment and Housing Act to make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment if the discrimination is based upon the person’s use of cannabis off the job and away from the workplace or if employer-required drug screening test has found cannabis metabolites in their urine, hair, or bodily fluids. Exceptions exist for employees who are impaired on the job, tests that detect “the active presence of THC in the employee’s or prospective employee’s system,” employers who are required by federal law to test for cannabis, and employers who would lose a federal funding or federal licensing-related benefit.
- San Francisco and Berkeley both have ordinances that restrict drug testing in a number of ways – call National Drug Screening or contact your attorney.
- California employers should only conduct post-accident drug testing only when they believe the individual caused or contributed to the accident.