In Pittsburgh, a new anti-discrimination ordinance will likely be signed and prohibit employers from discriminating against employees or job applicants based on the individual’s status as a certified medical cannabis cardholder.
The Anti-Discrimination Ordinance
Pittsburgh’s City Council passed an ordinance to protect medical cannabis patients from discrimination in the workplace. Mayor Ed Gainey is expected to sign the law since Pennsylvania legalized medical cannabis use.
This would affect employers with five or more employees (excluding religious, fraternal, charitable, or sectarian organizations not supported by governmental appropriations), employment agencies, and labor organizations. It would prohibit employers from discriminating against any current or prospective employee based on their status as a medical marijuana user.
Additionally, the ordinance explicitly bans requiring pre-employment testing or testing during employment as a condition of employment because it could discriminate against medical cannabis users. If this law is enacted, workers could file complaints through the city’s Commission on Human Relations if they believe they experienced workplace discrimination because of their medical cannabis status.
Exceptions to the Ordinance
As with anything, there are certain exceptions.
For example, the ordinance will not apply to some jobs and professions. These professions include any position subject to drug testing due to state or federal transportation department regulations, any position requiring the employee to carry a firearm, and any applicant whose prospective employer is a party to a valid collective bargaining agreement specifically addressing pre-employment drug testing for such applicants.
Some Restrictions
Additionally, there are restrictions for medical cannabis patients as well. Users covered under Pennsylvania’s Medical Marijuana Act cannot operate or be in physical control of certain chemicals, high-voltage electricity, or any other public utility while having more than ten nanograms of THC in their system. Also, while under the influence, they cannot perform duties at heights, tasks that are life-threatening, and any task that could be a possible public or safety risk.
With these employee restrictions, employers are also allowed to take disciplinary actions against a medical cannabis user. They can also prohibit the use of medical cannabis on workplace property and perform drug tests after a workplace accident.
What Should Employers Do?
Employers in Pittsburgh should begin preparing for this new law to be signed.
Reviewing and updating business policies—especially in hiring- will be important. Make sure updated information meets legal compliance requirements. Also, be mindful of the exceptions to the law. Businesses will want to ensure all managers and personnel are up-to-date on these changes and aware of exceptions. There would be nothing worse than getting caught up on legal issues after the law is signed.