Nevada: Employers Cannot Decline Job Applicants Based on a Positive Marijuana Testing

APPLIES TO

All Employers of NV Employees

EFFECTIVE

January 1, 2020

QUESTIONS?

Contact HR On-Call

(888) 378-2456

Effective January 1, 2020, Nevada will be the first state in the country to prohibit employers from failing or refusing to hire an applicant on the basis of failing a pre-employment marijuana test.  The new law does not apply to certain occupations, such as EMTs, firefighters, and any position that drives vehicles in which drug testing is required by federal or state law.  Furthermore, employers are able to reject job applicants if positive marijuana usage puts others’ safety at risk.

Employees will have the ability to challenge the results of pre-employment drug testing required by employers within the first 30 days of hiring.  The challenging employee must pay for a second screening test, but the results must be considered by the employer.  This challenge provision does not apply if it conflicts with an employment contract, collective bargaining agreement, or federal or state requirements, or to any positions funded by federal grants.

Action Items

  1. Read AB 132 here.
  2. Update background screening procedures for and train hiring managers on the new restrictions.
  3. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

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