ENACTED LEGISLATION
NEW YORK CITY, NY: NYC Law Prohibiting Pre-Employment Drug Testing For Marijuana Goes into Effect
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.

Impact(s): New York City employers
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OTHER
U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK: Class action brought against large retailer for discrimination
Summary: Plaintiffs allege the large grocery retailer refused to hire job applicants or fired employees based on a past criminal conviction in violation of the City and State's individualized assessment laws. They allege that the employer did not consider all eight factors laid out in the state's corrections law before deciding to hire or fire an applicant/employee who has a criminal history.
Impact(s):  New York employers
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