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Philadelphia employers may no longer test for marijuana following new ordinance

Originally posted on JDsupra.com | Littler publication

On April 22, 2021, the Philadelphia City Council passed a new ordinance prohibiting employers from conducting pre-hire marijuana testing, which Mayor Jim Kenney signed into law on April 28, 2021.  The new ordinance will take effect on January 1, 2022 and make Philadelphia the third jurisdiction in the United States to limit the ability of private employers to conduct marijuana testing of prospective employees.1

The ordinance makes it an unlawful employment practice for employers, labor organizations, or employment agencies to require prospective employees to undergo pre-hire marijuana screening as a condition of employment in most jobs.  The new ordinance is specifically focused on prospective employees and does not limit an employer’s ability to conduct marijuana screens on current employees.

There are, however, exceptions to the blanket prohibition.  Employers can conduct pre-hire marijuana drug tests if the applicant is seeking:

  • Any position in law enforcement;
  • Any position requiring a commercial driver’s license;
  • Any position requiring the supervision or care of children, medical patients, disabled or other vulnerable individuals; and
  • Any position in which the employee could significantly impact the health or safety of other employees or members of the public.

Read the full article HERE.