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Law Enacted in NYC Prohibiting Pre-Employment Drug Testing for Marijuana

As of May 10, 2020, it is an "unlawful discriminatory practice" to test an applicant for marijuana as part of pre-employment drug screening in New York City.

As we reported last year, there are numerous exceptions in place for safety-sensitive positions, among others. Employment positions and reasons exempt from this new law include:

  • Police/law-enforcement officers;
  • Positions requiring construction safety training or OSHA certifications under New York laws;
  • Positions requiring commercial driver's licenses;
  • Positions involving the supervision or care of children, medical patients, or vulnerable persons as defined under New York laws;
  • Other positions with the potential to significantly impact health or safety as determined under regulations to be enacted or identified on the website of the department of citywide administrative services;
  • U.S. Department of Transportation required testing;
  • Testing required under federal contracts or grants;
  • Testing required under federal or state statutes; and
  • Testing required under collective bargaining agreements.

For assistance with updating drug testing panels or if you have any questions, please contact your sales executive, account manager, or our customer service team.

Posted: May 13, 2020


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This document and/or presentation is provided as a service to our customers. Its contents are designed solely for informational purposes, and should not be inferred or understood as legal advice or binding case law, nor shared with any third parties. Persons in need of legal assistance should seek the advice of competent legal counsel. Although care has been taken in preparation of these materials, we cannot guarantee the accuracy, currency or completeness of the information contained within it. Anyone using this information does so at his or her own risk.

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