On October 7, 2023, Governor Gavin Newsom signed SB 700 into law, amending the California Fair
Employment and Housing Act (FEHA). SB 700, effective January 1,
2024, expressly prohibits employers from requesting information
from job applicants relating to their prior cannabis use.
This latest amendment to the FEHA follows prior changes to the
law that were enacted last year. As we noted in our initial post, on September 18, 2022, California
enacted Assembly Bill 2188 (AB 2188), which established Section
12954, prohibiting employers from penalizing employees or
applicants for off-duty cannabis use if such use does not impair
them at the workplace. AB 2188 also takes effect January 1,
2024.
