Democratic Governor Steve Sisolak of Nevada signed a invoice on Friday that prohibits employers from denying jobs to candidates due to their authorized marijuana use. Beneath the measure, Meeting Invoice 132 (AB 132), employers can be banned from discriminating in opposition to potential staff primarily based on a optimistic consequence for marijuana use in a pre-employment drug screening or an applicant’s admission of authorized cannabis use.
The invoice was launched within the Nevada State Meeting in February and handed by the physique on April 23 by a vote of 33 to eight. AB 132 was then taken up by the state Senate and handed by a margin of 12 to eight on Could 24.
Stigma Persists Regardless of Legalization
“There’s nonetheless a stigma round cannabis, regardless that it’s authorized for medical and leisure use,” Kiera Sears, a marketing consultant with the Joey Gilbert Regulation Agency in Reno, advised native media.
Nevada voters legalized the medicinal use of marijuana in 2000, adopted by the passage of a poll initiative legalizing leisure cannabis use by adults that was authorized in 2016 and went into impact on January 1, 2017. Authorized gross sales of leisure cannabis started within the state on July 1, 2017.
AB 132 doesn’t prohibit employers from administering drug exams to candidates, however they aren’t permitted to disclaim employment primarily based solely on a optimistic consequence for cannabis. As soon as the invoice turns into efficient subsequent yr, candidates who consider they have been discriminated in opposition to by a possible employer primarily based on authorized cannabis use must flip to the courts for reduction, based on Sears.
“I did a pre-employment screening take a look at and I examined optimistic and I didn’t get the job,” she hypothesized. “Then it turns into a authorized situation of discovering out why did the employer not rent this particular person?”
Employers Ought to Set Clear Insurance policies
Sears mentioned that to keep away from potential litigation underneath the measure, employers ought to proactively set clear insurance policies concerning cannabis use by candidates, staff, and within the office.
“Actually work in your employment handbook and actually have a transparent understanding you can get to your staff so that they perceive your boundaries,” she really useful.
Sears additionally had phrases of recommendation for job hunters within the state.
“Be respectful,” she mentioned. “Nevada has given folks the chance to take part within the consumption of marijuana and that’s a privilege. We’ve gone in opposition to the federal authorities and we should always not take that without any consideration.”
AB 132 is scheduled to enter impact on January 1, 2020.