The headlines read “NEVADA EMPLOYERS CANNOT REFUSE TO HIRE BASED ON A POSITIVE MARIJUANA TEST”
Ever heard of the term fake news? This headline borders on fake news. I can imagine employers in Nevada now thinking that they must hire people who have a positive marijuana test. But, as we have written before please don’t believe all the headlines that your read.
When you read the actual law there are exceptions to the rule that you cannot refuse to hire someone with a positive marijuana test. The law and the exceptions are as follows:
Except as otherwise specifically provided by law:
1.It is unlawful for any employer in this State to fail or refuse to hire a prospective employee because the prospective employee submitted to a screening test and the results of the screening test indicate the presence of marijuana.
2.The provisions of subsection 1 do not apply if the prospective employee is applying for a position:
(a)As a firefighter, as defined in NRS 450B.071;
(b)As an emergency medical technician, as defined in NRS 450B.065;
(c)That requires an employee to operate a motor vehicle and for which federal or state law requires the employee to submit to screening tests; or
(d)That, in the determination of the employer, could adversely affect the safety of others.
As you can see, an employer has much latitude in not hiring someone who tests positive for marijuana if they will operate a motor vehicle or that in the determination of the employer could adversely affect the safety of others.
In a previous blog post we included a list of almost 500 safety sensitive positions in the state of Connecticut.
Employers should not cower in fear of applying policies that protect your workforce and members of the public.
Nevada employers should review their hiring policies to ensure compliance with the new law before it goes into effect this coming winter, and of course, train those making hiring decisions on the new law.
We always, always, recommend you consult the advice of competent legal counsel while reviewing your policies and procedures.
Randisi & Associates, Inc. is not a law firm and information in this blog post does not constitute legal advice.