Connecticut to Limit Employers’ Use of Drug Test Results
Special Announcement to all State of Connecticut employers :
On 06/22/2021, the Governor of Connecticut signed a law, Senate Bill 1201, that limits an employers use of drug test results for marijuana. The law will be effective on 07/01/2022.
The law makes the following an unlawful practice:
A drug test of a prospective or existing employee, other than a prospective or existing exempted employee, that yields a positive result solely for 11-nor-9-carboxy-delta-9-tetrahydrocannabinol, shall not form the sole basis for refusal to employ or to continue to employ or otherwise penalize such prospective or existing employee, unless (1) failing to do so would put the employer in violation of a federal contract or cause it to lose federal funding, (2) the employer reasonably suspects an employee’s usage of cannabis while engaged in the performance of the employee’s work responsibilities, (3) the employee manifests specific, articulable symptoms of drug impairment while working that decrease or lessen the employee’s performance of the duties or tasks of the employee’s job position.
There are several exceptions enumerated in the law. Included is an exception for applicants that have received a conditional offer AND the employer has established a written drug test policy that a positive drug test for THC may result in an adverse employment action.
This law will require a review of the hiring process in place and may require changes to that process.
Justifacts recommends that you consult with your legal department to determine what changes, if any, need to be made to your hiring process in order to comply with this law.
The complete text of the legislation can be found here: Bill 1201