On April 9, 2019, New York City Council passed a bill amending the New York City Human Rights Law (NYCHRL), to bar NYC employers from testing prospective employees for marijuana use. The Bill comes in the wake of the City’s efforts to reduce the legal consequences of marijuana use, including reducing arrests and prosecutions for low-level marijuana-related crimes.
The text of the Bill declares it to be “an unlawful discriminatory practice for an employer … to require a prospective employee to submit to testing for the presence of any tetrahydrocannabinols or marijuana in such prospective employee’s system as a condition of employment.” However, the Bill excludes the following jobs from the ban:
- Police officers
- Peace officers
- Positions with a law enforcement or investigative function at the New York City Department of Investigations
- Workers on construction sites
- Positions requiring a commercial driver’s license
- Positions requiring the supervision or care of children, medical patients, or vulnerable persons
- Positions with the potential to significantly impact the health or safety of employees or members of the public