Starting in 2020, Nevada employers cannot refuse to hire a job applicant for failing a marijuana screening test, making it the first state to pass such a law.
“It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana,” states the law , signed by Gov. Steve Sisolak on June 5.
There are some exceptions. The law does not apply to firefighters, EMTs, employees who operate a motor vehicle, or those who, in the determination of the employer, could adversely affect others’ safety.
If an employer requires a new hire to take a screening test, then the new employee has the right to submit to an additional screening test to rebut the results, the law states. The employer must accept that follow-up test, the law says.
The law takes effect at the start of 2020.
Nevada is the first state to approve such a law regarding drug screening tests. In 2016, voters in the state approved the legal sale of recreational marijuana to adults 21 and older, and recreational marijuana sales began a year later.
The New York City Council passed a similar bill in April that banned employers from requiring a prospective employee to pass a marijuana screening test as a condition of employment. In Maine, which legalized recreational marijuana, employers are not allowed to discriminate based on marijuana usage , but there are no laws about drug testing.