Skip to the main content.
New! Continuous MVR monitoring
Driving record monitoring

Ongoing monitoring of driving records can help employers avoid risk and improve driver safety. Learn about the benefits of adding Verified Credentials' newest solution to your screening strategy.

Read the blog ›

Featured resource

Industry-Trends-Report-01

Learn the latest trends in employment background checks. This report uses real-life usage data to uncover how employers are screening across industries.

Download the full report ›

Verified Credentials is a leading background screening company. Since 1984, we’ve helped validate and secure relationships through the use of our comprehensive screening solutions. We offer a wide variety of background checks, verifications, and innovative screening tools.

Get to know us ›

Accredited background screening solutions

Logo-PBSA-Accreditation-120x98

Our accreditation confirms that our policies, processes, and employee training meet rigorous industry compliance standards.

Learn about our solutions ›

2 min read

Washington Enacts a New Employee Cannabis Protection Law

Due to the changing landscape and views on cannabis use, employee protection laws are becoming more common in states where recreational cannabis use is lawful. Last month, we covered California’s recent amendment, SB-700, to its cannabis anti-discrimination laws.

Washington also enacted a new law to protect employee rights for the lawful use of cannabis. Below are a few highlights for employers subject to this law.

 

The purpose of Washington’s SB 5123

Washington’s employee cannabis use protection law was signed on May 9, 2023, and enacted on January 1, 2024. The law prohibits employers from discriminating against employees based on cannabis use off the job and away from the workplace or based on an employer-required drug screening test that found the presence of nonpsychoactive cannabis metabolites.

The law addresses the disconnect between prospective employees' legal activities and employers' hiring practices. It states that “tests for cannabis show only the presence of nonpsychoactive cannabis metabolites from past cannabis use, including up to 30 days in the past, do not correlate with an applicant's future job performance.”

The legislature intends to prevent restricting job opportunities based on an applicant's past use of cannabis and protect employees from retaliation and discrimination for the lawful use of cannabis outside of the workplace or the presence of non-psychoactive cannabis metabolites. To find out more, take a closer look at the entire law here.

 

Room left for employer action

Employers are restricted from retaliation and discrimination based on cannabis use outside of the workplace, as well as testing candidates for cannabis use in most scenarios. However, employers can still require testing for cannabis and other controlled substances in several situations, including the following:

  • After an accident or based on a suspicion of impairment or being under the influence of alcohol or a controlled substance in the workplace.
  • Employers who must test to comply with federal government background investigations and security clearances or those in the airline or aerospace industries.
  • Employers who need to test for any safety-sensitive position for which impairment while working presents a substantial risk of death, provided such positions are identified by the employer before the applicant applies for employment.

Implications for employers in and out of state

This new Washington law applies to employers based in Washington but may also apply to employers who hire remotely within these states. Consequently, employers in and out of Washington should consult their legal counsel to determine if they need to adjust their drug testing policy.

Laws enacted to protect employees from discrimination or retaliation for lawful cannabis use in states that have legalized the recreational use of cannabis are on the rise. As the legal landscape for cannabis use and employer action evolves, Verified Credentials will do its best to keep clients updated.

If you would like to add a drug testing package without cannabis, we can help. Please get in touch with Verified Credentials support for assistance at 800.938.6090 or fill out this form.

Employment Fairness Act for Returning Citizens in Prince George’s County, MD

The Prince George's Employment Fairness Act for Returning Citizens is a new law in Prince George's County, Maryland, designed to provide fair...

Read More

Colorado’s Clean Slate Act Goes into Effect

As of July 1, 2024, Colorado’s Clean Slate Act, or Senate Bill 22-099, is officially in effect.This comes in the wake of several other states that...

Read More

Texas Attorney General Forms Privacy Task Force

The Texas Attorney General’s office has recently announcedthe formation of a dedicated task force within its Consumer Protection Division. This task...

Read More

Anti-discrimination Suit Raised Against New York Insurance Company

If you’re an employer that uses background reports, compliance is a priority issue. Federal, state, and local consumer reporting laws are not the...

Read More

New Jersey Releases Guidance for Identifying Suspected Employee Impairment

Like several other states, New Jersey law restricts how employers may make employment decisions based on cannabis use. The law states,

Read More

New York City Moves to Restrict Use of Certain Automated Hiring Technologies

Technology could help simplify the hiring process, including adopting new technologies to manage your candidate pool, run video interviews, and...

Read More