HOUSE DOCKET, NO. 2100        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1941

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

David M. Rogers

_________________

To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to employee fairness.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

David M. Rogers

24th Middlesex

1/13/2023

David Henry Argosky LeBoeuf

17th Worcester

2/6/2023

Lindsay N. Sabadosa

1st Hampshire

2/9/2023

Joanne M. Comerford

Hampshire, Franklin and Worcester

5/22/2023


HOUSE DOCKET, NO. 2100        FILED ON: 1/19/2023

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1941

By Representative Rogers of Cambridge, a petition (accompanied by bill, House, No. 1941) of David M. Rogers, David Henry Argosky LeBoeuf and Lindsay N. Sabadosa relative to the barring or discharging from employment or prospective employment of persons due to the results of blood or urine tests.  Labor and Workforce Development.

 

The Commonwealth of Massachusetts

 

_______________

In the One Hundred and Ninety-Third General Court
(2023-2024)

_______________

 

An Act relative to employee fairness.

 

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

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

20. For an employer 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.

It shall be a defense to such employment action if the employee, due to the presence of tetrahydrocannabinol or marijuana metabolite in the blood, urine or other body sample provided by the individual, is unable to maintain licenses, credentials, or other qualifications that are reasonably necessary for the performance of the employee’s position, regardless of whether such licensing, credentialing, or other qualifications prohibit the employee from using marijuana. Nothing in this section shall be deemed to interfere with or preempt any rights or obligations of an employer under federal law or regulation.