New York City Law Bars Marijuana Testing of Applicants

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Special Announcement to all City of New York employers:

On 04/09/2019, the New York City Council passed a law (1445-A) amending section 8-102 & 8-107 of the Administrative Code of New York. The law will be effective in 1 year.

The law makes the following an unlawful discriminatory practice:

  1. To require a prospective employee to submit to testing for the presence of any THC or marijuana in such employee’s system as a condition of employment.

There are several exceptions enumerated in the law.

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: Administrative Code of New York Section 102 & 8-107

It is important to note that Justifacts is providing this information as a service to our clients. None of the information contained herein should be construed as legal advice, nor is Justifacts engaged to provide legal advice. Although we go to great lengths to make sure our information is accurate and useful, we recommend you consult your attorney or legal department if you want assurance that our information, and your interpretation of it, is appropriate to your particular situation.