California’s Progressive Leap: Banning Cannabis Queries in Job Interviews
Beginning January 1, 2024, California is setting a new standard in employment equity with the introduction of Senate Bill 700, effectively prohibiting employers from questioning job candidates about their cannabis consumption during the hiring process. Signed by Governor Gavin Newsom, this legislation enhances the California Fair Employment and Housing Act, empowering the Civil Rights Department to scrutinize and act on complaints of unfair practices related to a candidate’s cannabis use outside of work.
Under this transformative law, inquiries into an applicant’s past cannabis use by potential employers will be deemed illegal, echoing the voices of advocates for medicinal cannabis who have long argued against such discriminatory practices. Lynnette Shaw, the founder of the state’s pioneering medicinal cannabis dispensary, Marin Alliance CBC, views this as a significant stride toward fairness.
While the bill represents a major leap forward, certain exceptions persist, such as mandatory controlled substance testing required by state or federal laws, and criminal history inquiries, provided they adhere to the state’s legal guidelines.
Last year’s Assembly Bill 2188 further fortified this stance against discrimination, declaring it unlawful for employers to base hiring or employment decisions on a person’s cannabis consumption. Despite the statewide legalization of cannabis, the federal government has yet to follow suit, raising concerns over privacy infringements under the Health Insurance Portability and Accountability Act (HIPAA).
Dr. Larry Bedard, a fervent supporter of medicinal cannabis and member of the MarinHealth board, recognizes the complexity of this issue, suggesting that the probing into one’s cannabis use could indeed contravene HIPAA protections.
Trish Griffus, Human Resources Manager at The Personnel Perspective, advises against such invasive questioning, noting that it often arises in contexts involving operational machinery but has led to the exclusion of otherwise competent applicants.
As California continues to navigate the intricate landscape of cannabis legislation, including the rejected proposal for cannabis cafes, the state remains at the forefront of advocating for privacy and individual rights in the employment sector.
