On October 7, 2023 Governor Newsom signed Senate Bill (SB) 700, which makes it unlawful under the Fair Employment and Housing Act (FEHA) for an employer to discriminate against a job applicant based on information regarding prior use of cannabis that is learned from a criminal history.

However, SB 700 does not preempt state or federal laws requiring an applicant to be tested for controlled substances, nor is an employer prohibited from asking about an applicant’s criminal history as long as in compliance with state law requirements.  

This change takes effect on January 1, 2024.

As a reminder, in 2022, the California legislature passed Assembly Bill (AB) 2188, which makes it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment based upon: (1) a person’s use of cannabis off the job and away from the workplace, or (2) an employer-required drug screening test that has found the person to have non-psychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. AB 2188 also takes effect on January 1, 2024.  There is an exemption for the building and construction trades.

If you have questions about SB 700 or related issues, contact a Jackson Lewis attorney to discuss.

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Photo of Kathryn J. Russo Kathryn J. Russo

Kathryn J. Russo is a Principal in the Long Island, New York, office of Jackson Lewis P.C. She is a firm resource on the legal issues implicated in workplace drug and alcohol testing arising under federal, state and local laws.

Read more about Kathryn J. Russo
Ellen E. Cohen

Ellen E. Cohen is a principal in the Los Angeles, California, office of Jackson Lewis P.C., providing comprehensive representation for management in employment disputes. She handles cases involving harassment, discrimination, retaliation, and wrongful termination in state and federal courts, as well as arbitration…

Ellen E. Cohen is a principal in the Los Angeles, California, office of Jackson Lewis P.C., providing comprehensive representation for management in employment disputes. She handles cases involving harassment, discrimination, retaliation, and wrongful termination in state and federal courts, as well as arbitration and administrative hearings.

Ellen takes a proactive approach in supporting her clients, providing valuable advice on a host of employment-related issues including employee discipline, termination, lay-off procedures, or accommodations under the ADA and FEHA. She knows how to offer strategic advice that is as practical as it is legally sound. Her adept handling of complex issues such as Family Medical Leave Act and state laws, wage and hour laws, and harassment and discrimination has made her an indispensable ally to her clients.

Perhaps most notable is Ellen’s commitment to understanding her clients’ businesses. She places great emphasis on working closely with clients, getting to know their unique operations, and building longstanding partnerships based on trust and mutual understanding. This approach allows her to devise tailored solutions that take into account not only legal risks but also business objectives.

Read more about Ellen E. Cohen
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