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Expanding Protections Under the Fair Employment and Housing Act: California’s SB 700

Signed into law on October 7, 2023 and effective January 1, 2024, SB700 brings significant amendments to the Fair Employment and Housing Act. This landmark legislation aims to protect employees and job applicants from discrimination based on their off-the-job cannabis use. With increasing legalization and normalization of cannabis use, SB700 addresses a critical gap in employment protections.

What is SB 700?

SB 700 modifies existing laws to further protect employees and job applicants from discrimination based on lawful use of cannabis away from the workplace during non-working hours. Reflecting California’s evolving stance on cannabis use and commitment to fair employment practices, the bill undertakes a fresh approach to how employers approach drug use policies.

Key Provisions of SB 700

SB 700 introduces significant changes to the Fair Employment and Housing Act:

1. Protection Against Discrimination: The bill prohibits employers from discriminating against employees or job applicants based on off-the-job cannabis use. This includes hiring, firing, and any other terms of employment, ensuring employees can engage in lawful activities without fearing repercussions at their workplace.
2. Lawful Cannabis Use: SB 700 clarifies that the protection applies only to lawful use of cannabis under California law, meaning it doesn’t protect individuals under the influence of cannabis while at work.
3. Exemptions: Exemptions for certain industries and positions where cannabis use could impact safety or where federal law mandates drug-free workplaces still apply. These employees may still be subject to cannabis testing.
4. Reasonable Accommodations: Mandates of reasonable accommodation for employees who use cannabis for medical purposes are included, aligning with protections under the Americans with Disabilities Act (ADA) and California’s Compassionate Use Act. 

Effective Strategies for Compliance

To adequately comply with SB 700, consider the following strategies:

1. Review and Revise Policies: Thoroughly review and revise existing drug and employment policies to reflect the new legal requirements under SB 700 and establish that off-the-job cannabis use is not grounds for discrimination. 
2. Think Through Safety Policy: Clearly document and justify exceptions for safety-sensitive positions. Employers in industries with safety concerns must clearly understand the exemptions and align their policies with both state and federal regulations.
3. Educate and Train Staff: Implement training for HR personnel and management to ensure everyone understands the new law, its implications, and the appropriate handling of cannabis-related issues.
4. Implement Clear Procedures: Establish clear procedures for handling situations involving off-the-job cannabis use, including requests for reasonable accommodations and addressing safety concerns.
5. Stay Informed on Legal Changes: Review updates and legal interpretations of SB 700 so that compliance is uninterrupted. Adapt policies as needed.

The Broader Impact of SB 700

SB 700 represents a significant step in aligning employment practices with California’s progressive stance on cannabis use. By prohibiting discrimination based on lawful off-the-job cannabis use, the bill reinforces the state’s commitment to fair employment practices and the protection of individual rights.

legal experts and industry stakeholders highlight the importance of SB 700 in creating a fair and inclusive workplace environment, ensuring personal choices do not unjustly impact professional opportunities. By understanding these new protections and implementing effective compliance strategies, employers can foster a fair and inclusive workplace.

Resources for Employers

For more detailed guidance on complying with SB 700, employers can refer to these resources:

• Full Text of SB 700
• CalMatters Digital Democracy on SB 700

Allevity Can Help

Is your business struggling to comply with California law? Allevity has made our reputation educating and supporting our HR clientele via providing new law alerts and policies, employer education and guidance, and more. Give us a call today. Let’s talk about how we can help.  

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