Aurico

In December, 2014 the D.C. Council unanimously passed legislation that will prohibit an employer from drug-testing potential employees for marijuana before a conditional job offer has been made.

The bill, "Prohibition of Pre-Employment Marijuana Testing Emergency Act of 2014," was introduced by council member Vincent Orange (D-At Large) in March of 2014, and explicitly states that an employer cannot test a potential employee for marijuana use until after an offer for employment has been made. After an employee has been hired, however, they "must still adhere to the workplace policies set forth by their employer."

“The citizens of the District voted for Initiative 71, to legalize marijuana, and this bill will protect citizens who legally smoke marijuana but are then subsequently penalized for it through loss of employment opportunities,” Orange said in a statement. “The bill aims to prevent the loss of a job opportunity for job seekers who have used marijuana prior to receiving a job offer but it does not remove an employer’s right to prohibit the use of drugs at work or at any time during employment.”

The ADA protects employees who are recovering from drugs/alcohol, but the regulation does not regulate employers from drug testing employees for illegal drugs.  This DC bill may be a start of new regulations relating to Marijuana testing prior to an offer.  Aurico will continue to monitor these regulations and recommend employers review their existing drug testing policies with their legal counsel or industry consultants.