SECTION 1. Section 4 of Chapter 151B of the General Laws is hereby amended by adding after subsection 19 the following subsection:-

20. For an employer by himself or his agent, because of the presence of tetrahydrocannabinol or marijuana metabolite in the blood, urine or other body sample provided by the individual, to refuse to hire or employ or to bar or to discharge from employment such person or to discriminate against such person in compensation or in terms, conditions or privileges of employment, unless based upon probable cause to believe that the person is impaired at work by reason of cannabis consumption and has caused or is at imminent risk to cause harm to a fellow employee, customer or the public due to such impairment.

SECTION 2. Section 1B of Chapter 214 of the General Laws is hereby amended by inserting after the first sentence the following sentence:-

Such actionable interference shall include without limitation, an employer’s refusal to hire or discharge of an existing employee, because of the presence of tetrahydrocannabinol or marijuana metabolite in the blood, urine or other body sample provided by the individual, unless based upon objectively demonstrable probable cause to believe that the person is impaired at work by reason of cannabis consumption and has caused or is at imminent risk to cause harm to a fellow employee, customer or the public due to such impairment.