No. CS/HB 689
Filed under Healthcare.
Employer Immunity from Civil Liability; Provides employers with immunity from civil liability for adverse personnel actions taken against employee or job applicant.
Plain English Summary
AI-GENERATEDEmployers who fire, discipline, or refuse to hire someone over marijuana use or possession are now immune from civil lawsuits over that decision, as long as specific conditions are met.
Immunity applies if the marijuana use or possession happened at the workplace, if it impaired the person's ability to do the job, or if they refused or failed a compliant drug test.
The definition of a covered adverse action is broad, covering not hiring, firing, demotion, suspension, transfer, and cuts to pay or benefits, so the immunity reaches nearly any negative employment decision.
Nothing in this new immunity distinguishes a recreational user from a registered medical marijuana patient, so it applies the same way to both when the listed conditions are met.
AIAn employer who takes an adverse personnel action against an employee or job applicant because of that person's possession or use of marijuana is immune from civil liability for the action when specified conditions are met.
AIImmunity attaches if the marijuana possession or use occurred at a workplace site, if the use impaired the person's ability to perform job duties, or if the person refused or tested positive on a job-applicant, reasonable-suspicion, or followup drug test.
AIThe immunity covers refusing to hire a job applicant, discharge, suspension, transfer, or demotion of an employee, and withholding bonuses or reducing salary or benefits, along with any other adverse action within employment terms and conditions.
AIImmunity for a refused or positive drug test only applies as long as the testing met the requirements of the Drug-Free Workplace Act or the workers' compensation drug-testing statute, as applicable.