Warning: Despite New Amendments to Illinois Cannabis Act, Employers are Still Vulnerable

Illinois Governor J.B. Pritzker recently signed amendments to the Cannabis Regulation and Tax Act (Cannabis Act) that aim to relieve some of the tension between Illinois’ Right to Privacy in the Workplace Act (Right to Privacy Act) and the Cannabis Act. But, under the Right to Privacy Act, Illinois employers may still be prohibited from discriminating against employees who use “lawful products (like cannabis) off the premises of the employer drug nonworking and non-call hours.” To avoid unintended discrimination claims, employers should consider the following: reasonable workplace drug policies and reasonable drug-testing policies; employment decisions solely on a failed drug test; implementing procedures allowing employees to contest the determination that they were under the influence or impaired by cannabis while at work; and the amendments to the Cannabis Act do not eliminate the protections afforded to employees under the Illinois’ Compassionate use of Medical Cannabis Program Act.

 

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Post By Ken Shafton (2,204 Posts)