A U.S. District Court in California recently dismissed a job applicant’s disability discrimination claim regarding pre-employment marijuana testing. The ruling serves as a reminder to employers that they can, in fact, still condition an employment offer on the completion of a preemployment drug screening, including marijuana, in the state of California. According to Hire Image, this is no longer the case in Nevada, New York City, or Philadelphia (as of January, 2022). This is also regardless of the fact that California has legalized recreational and medical marijuana in the state. Additionally, California employers are not obligated to engage in an interactive process with the applicant before he or she submits to a pre-employment drug screening.
For more information on Medical or Recreational Marijuana, and whether they affect your state, visit the resource guide at the Hire Image Resource Library.