WASHINGTON — The Council of the District of Columbia voted 13-0 in favor of a bill that prohibits employers from discriminating against employees who smoke pot in their free time.
The bill passed on June 7, after failing to pass the previous year.
So who would the Cannabis Employment Protections Amendment Act of 2022 protect, and who would it not protect?
THE QUESTION:
Who is included under bill 24-0109 and who is not?
THE SOURCE:
D.C. B24-0109- "Cannabis Employment Protections Amendment Act of 2022"
WHAT WE FOUND:
We took a closer look at this bill to VERIFY exactly what the bill does and doesn’t cover.
In a nutshell, an employer cannot "refuse to hire, terminate from employment, suspend, fail to promote, demote, or penalize" an employee for using marijuana. That includes people who use it recreationally, for medical purposes, or who come back positive for it on a drug test.
The bill doesn't cover anyone in “safety sensitive” positions.
""Safety sensitive" means an employment position, as designated by the employer, in which it is reasonably foreseeable that, if the employee performs the position’s routine duties or tasks while under the influence of drugs or alcohol, he or she would likely cause actual, immediate, and serious bodily injury or loss of life to self or others," the bill reads.
It gives the examples of police officers, those regularly on active construction sites, or surgeons.
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The bill also doesn’t override policies set by federal agencies, according to both the offices of Councilmember Christiana Henderson and Councilmember Robert White, Jr.
"Some types of employees are required by federal statute to be drug tested and, therefore, to be drug-free," said a spokesperson for White. "For example, some commercial motor vehicle operators are required by the U.S. Dept. of Transportation to be tested. Additionally, some federal grants, funding, or contracts may be contingent on employees being tested/drug-free. This provision allows those employers to be exempt so they can comply with federal law or ensure they don’t lose federal grants or contracts because of the law. Finally, the District cannot regulate federal employees."
The bill also says employers won't be violating its provisions if an employer reprimands an employee for things like using marijuana at work while performing work or during an employee’s working hours:
"Notwithstanding subsection (a), an employer shall not be in violation of this section where the employer takes action related to the use of cannabis based on the following....The employee used, consumed, possessed, stored, delivered, transferred, displayed, transported, sold, purchased, or grew cannabis at the employee’s place of employment, while performing work for the employer, or during the employee’s hours of work, unless otherwise permitted..."