Signed by Governor Steve Sisolak

Vote Smart's Synopsis:

Vote to pass a bill the prohibits employment discrimination for positive marijuana drugs tests

Highlights:

• Prohibits any employer in the state to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the test indicate the presence of marijuana (Sec. 2).

• Exempts the following types of employees when applying for a position (Sec. 2):

• Firefighters;

• Emergency medical technicians;

• Employees required to operate a motor vehicle; and

• A position, in determination of the employer, that could adversely affect the safety of others.

• Authorizes that an employee has the right to an additional screening test, at their own expense, to rebut the results of an initial screening test, if an employer requires an employee to submit to a screening test within the first 30 days of employment, and the employer must accept and give appropriate consideration to the results of such a screening test (Sec. 2). 

• Specifies that the requirements of this act do not apply in the following circumstances (Sec. 2):

• To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement;

• To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law; and

• To a position of employment funded by a federal grant.

• Defines “screening test” as a test of a person’s blood, urine, hair, or saliva to detect the general presence of a controlled substance or any other drug (Sec. 2). 

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill the prohibits employment discrimination for positive marijuana drugs tests

Highlights:

• Prohibits any employer in the state to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the test indicate the presence of marijuana (Sec. 2).

• Exempts the following types of employees when applying for a position (Sec. 2):

• Firefighters;

• Emergency medical technicians;

• Employees required to operate a motor vehicle; and

• A position, in determination of the employer, that could adversely affect the safety of others.

• Authorizes that an employee has the right to an additional screening test, at their own expense, to rebut the results of an initial screening test, if an employer requires an employee to submit to a screening test within the first 30 days of employment, and the employer must accept and give appropriate consideration to the results of such a screening test (Sec. 2). 

• Specifies that the requirements of this act do not apply in the following circumstances (Sec. 2):

• To the extent that they are inconsistent or otherwise in conflict with the provisions of an employment contract or collective bargaining agreement;

• To the extent that they are inconsistent or otherwise in conflict with the provisions of federal law; and

• To a position of employment funded by a federal grant.

• Defines “screening test” as a test of a person’s blood, urine, hair, or saliva to detect the general presence of a controlled substance or any other drug (Sec. 2). 

Full Bill Text