Philadelphia Mayor Approves Ban on Pre-Employment Testing for Marijuana

Signed on April 28 by Mayor Jim Kenney, HB 200625 prohibits employers from rescinding job offers based on the presence of marijuana in a drug screen. This law is set to go into effect January 1, 2022.

Philadelphia joins a small but growing list of jurisdictions that are enacting similar laws pertaining to pre-employment drug testing and marijuana, including Nevada and New York City. While the law will apply to many employers in the Philadelphia region, certain positions are excluded from the prohibition including:

  • Police officers or other law enforcement positions;
  • Any position requiring a commercial driver's license;
  • Any position requiring the supervision of children, medical patients or other vulnerable populations; and
  • Any position that could significantly impact the health or safety of other employees or members of the public, as identified by the city.

Additionally, this restriction does not apply when:

  • Federal or state regulations require drug testing of prospective employees for purposes of safety or security;
  • The grant of financial assistance from the federal government to an employer requires drug testing of prospective employees as a condition of receiving the contract or grant; or
  • An employer is a party to a valid collective bargaining agreement that specifically addresses the pre-employment drug testing of such applicants.

It is important to note that the law does not prohibit an employer from disciplining an employee for workplace impairment resulting from marijuana use or use of marijuana in the workplace. Furthermore, the law is not applicable for situations in which testing is required by state or federal law, a contract or grant for financial assistance between the employer and the federal government and/or a valid collective bargaining agreement.

Employers should begin internally reviewing protocols on drug screening to assess what adjustments are warranted. Items to consider include: language in job postings, documents associated with applications, and interview processes. Coordinating with legal counsel to ensure compliance with all documentation, policies and workflows pertaining to this law is also recommended.

Posted: May 17, 2021

All Rights Reserved © 2021 Certiphi Screening, Inc.
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.

Thank you for your interest in Business Information Group. We have received your message and will contact you in one business day or less.
Something went wrong. Try again
You have exceeded the number of attempts to submit this form. As a result, your IP address has been temporarily blocked.
Something went wrong. Try again

Get In Touch

Send a Message *fields required

What are your Interests?optional

Even our RFP PROCESS is state-of-the-art.

Find out why

What Our Clients Are Saying

Everyone I have contacted at Certiphi has been a complete pleasure to work with. The Certiphi customer service rivals every other customer service I come in contact with. Everyone is always so professional, yet super nice! Thanks for all you do and keep up the amazing work and impeccable service that you provide!!!

Human Resources Assistant
Large Medical Staffing Firm

Thank you so much! You have such an incredible reputation within our office; I think we would all say your customer service levels are continually at about 125%!

Human Resources Generalist
Medical and Surgical Hospital

The response time has been very quick. The turnaround times are great. I love your systems and that I can go in and look at the process as its going.

Human Resources Manager
Medical Staffing Agency

It’s such a great customer service that you provide and I’m happy to tell that to anyone.

Pastoral Care Associate
Large Children's Hospital

Working with Certiphi has been such a pleasure. Certiphi has taught me so much, not just about backgrounds but also the meaning of great business.

Human Resources Specialist
Large Medical Staffing Firm

We flew through our NCQA licensure review.  We very much appreciate Certiphi's help in earning a 100% score for the files!

Accreditation Manager
Hospital System Analytics Company

You are about to leave

Ok, Continue Cancel