By Eric Ruden, Duane Morris LLP
On June 5, 2019, Nevada’s Governor, Steve Sisolak, signed a bill into law banning pre-employment testing from marijuana. Nevada becomes the first state to pass such a ban and follows New York City’s similar ban passed in April 2019, beginning a trend that surely will expand to other jurisdictions.
Under the new law, Nevada employers are prohibited from failing or refusing to hire a prospective employee because the prospective employee submitted to a drug test and the results of the screening indicate the presence of marijuana. The law provides exceptions for firefighters, emergency medical technicians, employees operating a motor vehicle for which federal or state law requires drug testing, or if the position could adversely affect the safety of others. Notably, the law does not prohibit an employer from testing current employees for marijuana.
The law additionally provides that employees who are required to submit to a screening test within the first 30 days of employment have a right to submit to an additional screening test, at the employee’s own expense, to rebut the results of the initial screening. Employers are required to accept and give appropriate consideration to the results of the second screening test.
The law becomes effective on January 1, 2020. Nevada employers should review their drug testing policies prior to the law’s effective date and employers nationwide should be prepared for similar bans to follow this growing trend.