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The FEHA prohibits employers from discriminating against an employee or job applicant based on the person’s use of cannabis off the job and away from the workplace.1
Employers may still conduct preemployment drug testing, and an employer can still refuse to hire someone based on test results, but only if the test is a valid preemployment drug screening that doesn’t screen for non-psychoactive cannabis metabolites.2
Additionally, it is also unlawful to request information from a job applicant about their prior use of cannabis. Information about an individual’s prior cannabis use obtained from their criminal history is also off limits unless the employer is allowed to consider it under the state’s Fair Chance Act, the law that places strict limits on the review and consideration of criminal history in employment decisions.
The law doesn’t permit an employee to possess, be impaired by or use cannabis on the job, and it maintains employers’ rights and obligations in keeping a drug and alcohol-free workplace.3
The law doesn’t apply to employees in the building and construction trades and applicants or employees hired for positions that require a federal government background investigation or security clearance in accordance with federal regulations.
1. Gov’t Code sec. 12954(a)
2. Govt. Code sec. 12954(a)(1)
3. Govt. Code sec. 12954(b)