Effective January 1, 2024, California employers will be prohibited from discriminating against employees for off-duty cannabis use. AB 2188 adds two cannabis-related categories to the Fair Employment and Housing Act (FEHA) that will also be protected from discrimination: 1. Discrimination based on cannabis use “off the job and away from the workplace” and 2. Discrimination is based on the results of an employer-required drug test finding a person to have “nonpsychoactive cannabis metabolites” in the person’s “hair, blood, urine, or other bodily fluids.”
