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ARTICLE · 26 APRIL 2019

NYC Council Votes To Ban Pre-Employment Marijuana Testing

Fisher Phillips LLP
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The New York City Council just passed legislation which will prohibit employers from requiring a prospective employee to submit to drug testing for the presence of tetrahydrocannabinols (THC),

United StatesEmployment and HR
Melissa Osipoff
Melissa Osipoff
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The New York City Council just passed legislation which will prohibit employers from requiring a prospective employee to submit to drug testing for the presence of tetrahydrocannabinols (THC), the active ingredient in marijuana, as a condition of employment.  The law, which is expected to soon be signed into effect by the mayor, will amend the New York City Human Rights Law and make it a discriminatory practice to require a job applicant undergo pre-employment marijuana testing. What do New York City employers need to know about this latest development? 

Background On New Law

In a committee report on the legislation, state legislators noted that 34 states have some form of marijuana legalization, and that New York City residents can freely travel to those states and engage in legal marijuana consumption. Accordingly, the committee report posits that “those persons should not be penalized for their legal use of a product in another state, especially when

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