Published on Jan 14, 2022

Legislation introduced to prevent employers from firing employees for cannabis use

Contact: Candice Bock, Matt Doumit

A new bill would prevent many employers from firing current employees or not hiring prospective employees because of a positive cannabis drug test.

SB 5517, sponsored by Sen. Karen Keiser (D–Des Moines), prohibits employers from failing or refusing to hire a prospective employee because the prospective employee submitted to a drug test that found they had used cannabis. Similarly, it also prohibits employers from firing an existing employee for failing a cannabis test. The bill provides a number of exemptions from the new requirements, including employers that would lose federal funding or licensing, not applying the requirements if they conflict with a current collective bargaining agreement or federal law, and not applying the requirements if the job in question is funded by a federal grant.

Most Washington cities receive various kinds of federal funding that could be imperiled if they could not follow federal drug laws in their employment practices. However, it appears that those cities would likely fall under one of the bill’s exemptions. AWC would appreciate feedback from cities on this proposal, particularly if cities are comfortable with the exemptions allowed.

 

Date to remember


SB 5517 is scheduled for a public hearing in the Senate Labor, Commerce, & Tribal Affairs Committee on Wednesday, January 19 at 10:30 am.

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