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One to Keep An Eye On: HB 6377 (Connecticut)

 

As with many labor & employment law related cases (and bills) being litigated around the country, there are always a few that stand out.  This is one to keep an eye on.


HB 6377 has the potential to greatly reshape how marijuana, cannabis, weed, pot (or whatever you want to call it) is viewed in the employment context in Connecticut.  This proposed legislation, introduced earlier this year, stipulates that no employer in the state would be allowed to prohibit an employee’s possession, use, or other consumption of cannabis in the course of employment unless such a policy is in writing, equally applicable to each employee, made available to each employee prior to the enactment of such policy, and directly related to a clear business necessity.

Going one step further, the legislation would prohibit an employer from requiring, as a condition of employment, that an employee or prospective employee refrain from using cannabis outside the course of his/her employment.  An employer would also be prohibited from discriminating against any employee with respect to compensation, terms, conditions, or privileges of employment as a result of an employee using cannabis outside his/her employment.

Not stopping there, HB 6377 also stipulates that an employer would not be allowed to discriminate against any employee or prospective employee on the basis of his/her prior, current, or future involvement in lawful cannabis commerce in the state (or any other state, territory, district, tribe, or other jurisdiction.)

An employer that is found to have violated this legislation would be subject to a civil suit for compensatory damages and judicial enforcement.


For additional information:  https://www.cga.ct.gov/asp/cgabillstatus/cgabillstatus.asp?selBillType=Bill&which_year=2021&bill_num=6377

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