Illinois Senate Bill 2321 would remove workplace THC drug test
Illinois Sen. Robert Peters introduced on Feb. 8 Senate Bill 2321, which, among other amendments, would provide that an employer may not refuse to hire an individual or discipline an employee because results of an individual’s drug test indicate the presence of tetrahydrocannabinol (THC) on the part of that individual.
SB2321 amends the Right to Privacy in the Workplace Act and deletes references to a THC drug-free workplace policy. After the following paragraph that states, “it shall be unlawful for an employer to refuse to hire or to discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because:,” the following amendments were added:
(1) the individual uses lawful products off the premises of the employer’s workplace employer during nonworking hours and hours the individual is not on-call non-call hours ; or the results of an individual’s drug test indicate the presence of tetrahydrocannabinol, unless:
(A) the employee works in a safety sensitive position;
(B) the applicant or employee demonstrates impairment as provided in subsection (f); or
(C) the test results for tetrahydrocannabinol meets or exceeds the legal limits set forth in Section 11-501.2 of the Illinois Vehicle Code.
An amendment also defines lawful products “as products that are legal for the employee to use under state law.” SB2321 does permit an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides that an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code.
SB2321 also sets forth conditions under which an employer may discipline an employee for impairment and provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy. In addition, SB2321 amends the Cannabis Regulation and Tax Act by repealing provisions concerning employment and employer liability.
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