Amends TCA Title 4; Title 5; Title 6; Title 7; Title 8; Title 38; Title 49; Title 50; Title 63; Title 65, Chapter 15 and Title 71.
This bill prohibits a public or private employer from discriminating against an applicant or employee in hiring, termination, or a term or condition of employment, or otherwise penalizing an applicant or employee based on a drug test that indicates the use of marijuana by the applicant or employee. <br /> <br /> This bill will not apply to the following:<br /> <br /> (1) To a person employed in or applying for:<br /> <br /> (A) A safety-sensitive position (meaning either a position involving safety-sensitive function pursuant to regulations governing drug or alcohol testing adopted by the United States department of transportation or, with respect to any employer, a position in which a drug or alcohol impairment constitutes an immediate and direct threat to public health or safety); <br /> <br /> (B) A position that engages in the practice of the healing arts (meaning offering or undertaking to diagnose, treat, operate on or prescribe for any human pain, injury, disease, deformity or physical or mental condition, including acupuncture); or<br /> <br /> (C) A position in a school when the person's responsibilities include the supervision of children;<br /> <br /> (2) When federal law, including the Drug-Free Workplace Act of 1988, requires action to be taken against an applicant or employee based on a drug test that indicates the use of marijuana by the applicant or employee, or requires the withholding or reduction of federal funds for the failure of an employer to take action against an applicant or employee; or <br /> <br /> (3) To reasonable-suspicion drug testing (meaning drug or alcohol testing based on a belief that an employee is using or has used drugs or alcohol in violation of the covered employer's policy drawn from specific or articulable facts and reasonable inferences drawn from those facts in light of experience), as long as the report of drug use alleges the use of marijuana while at work.<br />
This bill prohibits a public or private employer from discriminating against an applicant or employee in hiring, termination, or a term or condition of employment, or otherwise penalizing an applicant or employee based on a drug test that indicates the use of marijuana by the applicant or employee. <br /> <br /> This bill will not apply to the following:<br /> <br /> (1) To a person employed in or applying for:<br /> <br /> (A) A safety-sensitive position (meaning either a position involving safety-sensitive function pursuant to regulations governing drug or alcohol testing adopted by the United States department of transportation or, with respect to any employer, a position in which a drug or alcohol impairment constitutes an immediate and direct threat to public health or safety); <br /> <br /> (B) A position that engages in the practice of the healing arts (meaning offering or undertaking to diagnose, treat, operate on or prescribe for any human pain, injury, disease, deformity or physical or mental condition, including acupuncture); or<br /> <br /> (C) A position in a school when the person's responsibilities include the supervision of children;<br /> <br /> (2) When federal law, including the Drug-Free Workplace Act of 1988, requires action to be taken against an applicant or employee based on a drug test that indicates the use of marijuana by the applicant or employee, or requires the withholding or reduction of federal funds for the failure of an employer to take action against an applicant or employee; or <br /> <br /> (3) To reasonable-suspicion drug testing (meaning drug or alcohol testing based on a belief that an employee is using or has used drugs or alcohol in violation of the covered employer's policy drawn from specific or articulable facts and reasonable inferences drawn from those facts in light of experience), as long as the report of drug use alleges the use of marijuana while at work.<br />
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