Drug Free Workplace
A growing number of states are restricting employers from testing job applicants or employees for marijuana use.
Delaware has become the 22nd state to legalize recreational marijuana, following the passage of a pair of bills that Gov. John Carney opposed but ultimately opted not to veto.
In both states, employers may still prohibit marijuana use or possession in the workplace or on the employer's property.
With recreational marijuana now legal in nearly half of all US states, a growing number of jurisdictions are beginning to enact laws aimed at securing employment protections for individuals who choose to use cannabis while off duty.
Under Rhode Island's legalization law, employers may not discipline an employee solely for private, off-duty marijuana use outside of the workplace subject to limited exceptions.
According to recent guidance from the Department of Justice's (DOJ) Civil Rights Division, employees with opioid use disorder are protected against discrimination under the Americans with Disabilities Act (ADA) unless they are currently engaging in illegal drug use.
News: HR guidance on developing a drug-free workplace policy and program that complies with state and federal law.
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