No. SB 1702
Filed under Healthcare.
Employer Immunity from Civil Liability; Providing employers with immunity from civil liability for actions taken against a current or prospective employee under certain circumstances, etc.
Plain English Summary
AI-GENERATEDAn employer that disciplines, fires, or refuses to hire someone over marijuana possession or use is immune from civil liability, but only if that marijuana use also impairs the person's ability to do the job.
Immunity also requires either that the marijuana possession or use happened at a workplace site, or that the person tested positive on a drug test done under the state's drug-testing law, s. 112.0455.
The provision covers job applicants as well as current employees, so it applies to a decision not to hire someone, not only to disciplinary action against someone already on the payroll.
AICreates subsection 381.986(16), immunizing an employer from civil liability for taking action against a current or prospective employee based on that person's possession or use of marijuana, subject to the conditions in the same subsection.
AILimits the immunity so it applies only when the marijuana use also impairs the person's ability to perform the job, in addition to the workplace-site or positive-test condition, meaning marijuana use alone is not enough to trigger it.
AILets an employer establish the first condition for immunity through on-site possession or use of marijuana directly, as an alternative to relying on a positive drug test.