As Illinois closes in on January 1, 2020, the effective date for legislation legalizing recreational marijuana, business owners have sought and received protection on several key issues. Among them are:
- Protection from litigation for a workplace reasonable drug policy, including but not limited to reasonable drug and alcohol testing for employees or applications, reasonable and nondiscriminatory random drug testing and discipline or withdrawal of a job offer due to a failed drug test.
- Clears up the concern that an employer might have to prove impairments when an employee fails a drug test.
The revised paragraph, from 410 ILCS 705-10-50 is as follows:
(410 ILCS 705-10-50) Sec. 10-50. Employment; employer liability.
(e) Nothing in this Act shall be construed to create or imply a cause of action for any person against an employer for:
(1) actions taken pursuant to an employer’s reasonable workplace drug policy, including but not limited to subjecting an employee or applicant to reasonable drug and alcohol testing, reasonable and nondiscriminatory random drug testing, and discipline, termination of employment, or withdrawal of a job offer due to a failure of a drug test; , including but not limited to subjecting an employee or applicant to reasonable drug and alcohol testing under the employer’s workplace drug policy, including an employee’s refusal to be tested or to cooperate in testing procedures or disciplining or termination of employment,
(2) actions based on the employer’s good faith belief that an employee used or possessed cannabis in the employer’s workplace of while performing the employee’s job duties or while on call in violation of the employer’s employment policies;
(3) (2) actions, including discipline or termination of employment, based on the employer’s good faith belief than an employee was impaired as a result of the use of cannabis, or under the influence of cannabis, while at the employer’s workplace or while performing the employee’s job duties or while on call in violation of the employer’s workplace drug policy; or
(4) (3) injury, loss, or liability to a third party if the employer neither knew nor had reason to know that the employee was impaired.
Rathje Woodward advises clients on a broad range of employment and labor matters, including compliance, policies and procedures, internal investigations, administrative proceedings, collective bargaining negotiations and disputes, union avoidance policies and litigation defense. If you have any questions about how these new laws may impact your business, contact Mark J. McAndrew, Emily A. Shupe, Raymond J. Sanguinetti or John R. Zemenak at 630-668-8500. For more information regarding Rathje Woodward’s employment practice and its attorneys, please visit www.rathjewoodward.com.