Bill > AB132

Introduced Session

Legislative Counsel's Digest: Existing law establishes various unlawful employment practices. (Chapter 613 1 of NRS) 2 Section 2 of this bill prohibits, with certain exceptions, an employer from 3 denying employment to a prospective employee because the prospective employee 4 has submitted to a drug screening test and the test indicates the presence of 5 marijuana. Section 2 further provides, however, that it is not unlawful for an 6 employer to condition the employment of a prospective employee who does not 7 hold a valid registry identification card to engage in the medical use of marijuana 8 on the prospective employee s abstention from use of marijuana while performing 9 his or her duties of employment. Finally, section 2 provides that if an employer 10 requires an employee to submit to a screening test within his or her first 30 days of 11 employment, the employer is required to accept as conclusive the results of an 12 additional screening test to which the employee submitted at his or her own 13 expense. 14 Existing law makes it an unlawful employment practice to fail or refuse to hire, 15 discharge or otherwise discriminate against an employee because the employee 16 engages in the lawful use of any product outside the premises of the employer 17 during the employee s nonworking hours, if that use does not adversely affect the 18 employee s ability to perform his or her job or the safety of other employees. (NRS 19 613.333) Section 3.5 of this bill specifies that this provision of existing law applies 20 to the use of marijuana. 21 Existing law prohibits a person from driving or being in actual physical control 22 of a vehicle on a highway or on premises to which the public has access if the 23 person has an amount of marijuana or marijuana metabolite in his or her blood that 24 is equal to or greater than 2 nanograms per milliliter or 5 nanograms per milliliter, 25 respectively. (NRS 484C.110) Section 3.5 creates a presumption that the ability of 26 an employee to perform his or her job and that the safety of other employees is not 27 adversely affected if the employee has less than such amounts of marijuana or 28 marijuana metabolite in his or her blood. 29 SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS: Section 1. (Deleted by amendment.) 1 Sec. 2. Chapter 613 of NRS is hereby amended by adding 2 thereto a new section to read as follows: 3 Except as otherwise specifically provided by law: 4 1. It is unlawful for any employer in this State to fail or 5 refuse to hire a prospective employee because the prospective 6 employee submitted to a screening test and the results of the 7 screening test indicate the presence of marijuana. 8 2. The provisions of subsection 1 do not apply if the 9 prospective employee is applying for a position: 10 (a) As a firefighter, as defined in NRS 450B.071; 11 (b) As an emergency medical technician, as defined in 12 NRS 450B.065; 13 (c) That requires an employee to operate a motor vehicle and 14 for which federal or state law requires the employee to submit to 15 screening tests; or 16 (d) That, in the determination of the employer, could adversely 17 affect the safety of others. 18 3. It is not unlawful for an employer in this State to require a 19 prospective employee who does not hold a valid registry 20 identification card to engage in the medical use of marijuana 21 pursuant to chapter 453A of NRS to abstain from using marijuana 22 while carrying out the duties of his or her employment as a 23 condition of employment. 24 4. If an employer requires an employee to submit to a 25 screening test within the first 30 days of employment, the employee 26 shall have the right to submit to an additional screening test, at his 1 or her own expense, to rebut the results of the initial screening 2 test. The employer shall accept and give appropriate consideration 3 to the results of such a screening test. 4 5. The provisions of this section do not apply: 5 (a) To the extent that they are inconsistent or otherwise in 6 conflict with the provisions of an employment contract or 7 collective bargaining agreement. 8 (b) To the extent that they are inconsistent or otherwise in 9 conflict with the provisions of federal law. 10 (c) To a position of employment funded by a federal grant. 11 6. As used in this section, screening test means a test of a 12 person s blood, urine, hair or saliva to detect the general presence 13 of a controlled substance or any other drug. 14

Committee Categories

Edgar Flores (D)*,  William McCurdy (D)*,  Dina Neal (D)*, 

Approved by the Governor. Chapter 421. (on 06/05/2019)

Official Document