Recent Revisions to New York Employment Laws Include the Banning of Marijuana Testing of New York City Job Applicants

Beginning May 2020, it will be illegal for New York City employers to test most job applicants for marijuana.  In what is believed to be the first law of its kind in the United States, the New York City Council recently passed a bill prohibiting employers from requiring applicants for employment to submit to testing for marijuana.  Although the bill carves out certain positions from the testing ban, the bill is expected have a substantial impact on New York City employers’ job application procedures.  This is just one of a number of recent revisions to New York City and State employment laws.

Read the client alert in its entirety.

Key Takeaways

• It will be a discriminatory practice for New York City employers to require most job applicants to submit to drug testing for marijuana.
• The legislation provides for various exceptions to the testing prohibition, including certain safety-related positions.
• This is one of several recent updates for New York employers that require that they revisit existing policies, including (i) an amendment to the New York City Human Rights Law designating employees’ sexual and reproductive health decisions as a protected characteristic that must be free from discrimination; (ii) another amendment to the New York City Human Rights Law requiring employers to provide a lactation room for nursing mothers; and (iii) a revision to the New York State Election Law requiring employers to provide employees with up to three hours of leave to vote.

Kasowitz Benson Torres’ Employment Practices and Litigation Group has been named the 2019 Litigation Department of the Year for Labor and Employment by New York Law Journal.  We represent companies in connection with employment policies and practices.  Our lawyers are well-versed in drafting and implementing all manner of corporate policies, including the pre-employment application process.

For more information, please contact partners Mark W. Lerner.