Illinois House Bill: No Firings Because Of Marijuana Usage
If you're thinking that because marijuana, both legal and recreational, are legal here in the state of Illinois, you can't get fired for testing positive for it--you could be in for quite a surprise.
Unless Illinois House Bill 4116 (HB4116) makes it to Governor Pritzker's desk and is signed into law, there could still be jobs lost to a positive test for weed.
Illinois House Bill 4116 Doesn't Wipe Out Your Chance Of Being Fired, But It Does Lessen It If You're Within Certain Parameters
HB4116 in the General Assembly is an attempt to change the dynamic. HB4116 would ban employers from firing or refusing to hire employees based solely on a positive cannabis test. But, and this is a pretty big but, only small amounts of marijuana in an employees’ system would be acceptable under this legislation.
Synopsis As Introduced
Amends the Right to Privacy in the Workplace Act. Provides that an employer may not refuse to hire an individual or discipline an employee because results of an individual's drug test indicate the presence of THC on the part of that individual. Permits an employer to enforce a pre-employment drug testing policy, zero-tolerance drug testing policy, random drug testing policy, or a drug-free workplace policy or disciplining an employee for violating such policy, but provides than an employer may not take adverse action against an employee solely because of a positive drug test for cannabis unless the test result exceeds limits set forth in certain DUI provisions of the Illinois Vehicle Code. Sets forth conditions under which an employer may discipline an employee for impairment. Provides that there is not a cause of action for any person against an employer for disciplining or terminating the employment of an individual when enforcing a compliant policy. Effective immediately.
Jobs That Are Called "Safety Sensitive" Are A Different Story
Safety sensitive positions include those where someone would carry a gun, perform emergency services, work around heavy machinery, or someone who handles hazardous materials. People who are impaired or intoxicated at the workplace and anyone who may be at risk of losing a federal contract are exempted.