Overview: New York City has enacted an ordinance (Int. No. 1445-A) that will generally prohibit employers from requiring a prospective employee to submit to drug testing for marijuana.
Effective Date: May 10, 2020
Details:
The ordinance makes it an unlawful discriminatory practice for an employer to require a prospective employee to submit to testing for the presence of any tetrahydrocannabinols (THC) or marijuana as a condition of employment.
Exceptions:
The law doesn’t apply to the following positions:
- Police and other certain law enforcement officers.
- Positions requiring compliance with section 3321 of the New York City Building Code or section 220-h of the New York Labor Law (certain construction, demolition, and maintenance jobs);
- Positions requiring a commercial driver’s license;
- Positions requiring the supervision or care of children, medical patients, or vulnerable persons as defined by state law; or
- Positions with the potential to significantly impact the health or safety of employees or members of the public, as determined by the city.
The prohibition also doesn’t apply to drug testing required by:
- Any federal, state, or city Department of Transportation regulation that requires drug testing a prospective employee;
- Any contract entered into between the federal government and an employer or any grant of financial assistance from the federal government to an employer that requires drug testing as a condition of receiving the contract or grant;
- Any federal or state statute, regulation, or order that requires drug testing of prospective employees for purposes of safety or security; or
- Any applicants whose prospective employer is a party to a valid collective bargaining agreement that specifically addresses the pre-employment drug testing of such applicants.
Action Required: New York City employers should review their hiring procedures, application forms, and training to ensure compliance with the ordinance by May 10, 2020.
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This content provides practical information concerning the subject matter covered and is provided with the understanding that ADP is not rendering legal advice.