Summary: Effective May 10, 2020, it is an "unlawful discriminatory practice" to test an applicant for marijuana as part of pre-employment drug screening.
New York Int. No. 1445 prohibits employers from testing prospective employees for marijuana usage prior to hiring. The law specifically prohibits employers, labor organizations, employment agencies, or their agents from requiring prospective employees "to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee's system as a condition of employment." Exceptions include, but are not limited to, persons applying to work: as law enforcement, in a position requiring security clearance under federal law, in a position requiring the operation of heavy machinery or motorized vehicles, or any other position determined by citywide administrative services. These provisions also do not apply to drug testing required under rules promulgated by the departments of transportation, federal contracts or grants, state statutes, or collective bargaining agreements.
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Impact(s): New York City employers |