The recently enacted Nevada law makes it "unlawful for any employer in this State to fail or refuse to hire a prospective employee because the employee submitted to a screening test and the results of the screening test indicate the presence of marijuana."
The law also includes conditions stating that if an employee is required to submit to a drug test during the first 30 days of employment, the employee retains the right to submit to an additional drug test to refute the results of the initial screening. This secondary test will be conducted at the employee's expense. The law further requires the employer to "accept and give appropriate consideration to the result of such a screening test."
The law includes some exceptions for when it will not apply, including when the position involves the physical safety of others such as firefighter, emergency medical technician, motor vehicle operator, when a collective bargaining agreement is involved and when the associated position is funded by a federal grant.
By the end of 2019, employers should review the new law and the exemptions provided in the law, and accordingly revise their pre-employment drug testing policies and procedures as necessary.
Posted: June 18, 2019