Yesterday, after a short debate, House Bill 4116 passed out of the Labor and Commerce Committee and today is headed to the House floor for consideration and its third floor reading. The amendment, sponsored by Rep. Bob Morgan (D-Deerfield) who originally filed the bill with the Clerk Office July 30, 2021, provides that an “employer may not refuse to hire an individual or discipline an employee because results of an individual’s drug test indicate the presence of THC on the part of that individual.”
The introduced bill has taken on more than a dozen sponsored but still passed out of the Labor and Commerce Committee on a 15-11 partisan vote. Since the bill’s introduction, several amendments have been adjusted. The bill amends the Right to Privacy in the Workplace Act and
- Provides that an employer may not refuse to hire an individual or discipline an employee because results of an individual’s drug test indicate the presence of THC on the part of that individual.
- Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code.
- Sets forth conditions under which an employer may discipline an employee for impairment.
- Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy.
Several provisions have been inserted to the introduced bill since its original filing, including
- Repeals provisions concerning employment and employer liability.
- Defines terms.
- Provides that discharge for the presence of tetrahydrocannabinol is permissible if the employee works in a safety sensitive position, if the employee demonstrates impairment, or if the test results for tetrahydrocannabinol exceeds the limits under specified provisions of the Illinois Vehicle Code. Replaces references to “cannabis” with “tetrahydrocannabinol” and “premises” with “workplace”.
- Provides that nothing in the Act prohibits an employer from enforcing a pre-employment drug testing policy, random drug testing policy, or a drug-free workplace policy or from disciplining an employee or withdrawing a job offer to an applicant for violating such policy if the policy is applied to employees working in safety sensitive positions.
- Removes the effective date.
- Makes other changes.
House Floor Amendment No. 3 further provisions for the Cannabis Regulation and Tax Act included
- Provides that nothing in the Act shall be construed to create or imply a cause of action under the Act for any person against an employer for actions taken pursuant to an employer’s workplace drug policy that complies with the Right to Privacy in the Workplace Act.
- Removes specified provisions concerning employment and employer liability.
- Removes the repeal provision.
- Provides that nothing in the Act prohibits an employer from disciplining or discharging an employee whose use of a lawful product adversely affects or impairs the employee’s job performance, conduct, or ability to safely perform the assigned job duties in the employer’s workplace during working hours or hours the individual is on call or implementing and enforcing workplace policies regarding the possession, use, or impairment of lawful products in the employer’s workplace during working hours or hours the individual is on call.
- Provides that specified provisions do not apply to any employer (rather than any employer that is a non-profit organization) that, as one of its primary purposes or objectives, discourages the use of one or more lawful products by the general public.
- Provides that the definition of “safety sensitive position” includes a position working for a law enforcement agency in a capacity that impacts the safety of others. Provides that the definition of “critical services and infrastructure” means physical and cyber systems and assets that are so vital to the public (rather than State) that their incapacity, compromise, or destruction (rather than incapacity or destruction) would have a debilitating impact on physical or economic security, public health, or safety.
Along with Morgan, other sponsors for the proposed bill include Kambium Buckner, Kelly M. Cassidy, Marcus C. Evans, Jr., Aaron M. Ortiz, Carol Ammons, Will Guzzardi, Mark L. Walker, Jonathan Carroll, Elizabeth Hernandez, Barbara Hernandez, Eva Dina Delgado, Nicholas K. Smith, and Sonya M. Harper.
For information about more proposed amendments to the Cannabis Regulation and Tax Act, click here.
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