Nevada Prohibits Pre-Employment Marijuana Test Consideration

In a remarkable move, Nevada Governor Steve Sisolak signed AB132 into law on June 5th. The law takes effect on January 1, 2020.

AB132 makes it unlawful for employers to fail or refuse to hire a prospective employee based on a positive drug test for the presence of marijuana. With respect to employees, employers may still require employees to submit to a “screening test” within the first 30 days of employment. However, the employee does have the right to submit to an additional test – at his/her own expense – to rebut the results of the initial test. Employers must then consider the results of that second test as well. “Screening test” is defined to include a test of an individual’s blood, urine, hair or saliva to detect the general presence of a controlled substance or any other drug.

There are limited exemptions under the law: firefighters, emergency medical technicians, employees operating a motor vehicle for which federal or state law requires a drug test, or any position that, in the determination of the employer, could adversely affect the safety of others. It’s clear that positions regulated under DOT requirements would fall under an exemption; however, it is not clear exactly what type of position would meet the last exemption. Impacted employers should consult with qualified legal counsel regarding the impact this law may have on their drug testing program and policies.