Recently, the Pittsburgh City Council passed Ordinance 2024-0705, which extends employment discrimination protections to medical marijuana patients, making their status a protected class under the city’s anti-discrimination laws. Employers with at least five employees must ensure their workplace policies comply with the new regulations, including necessary changes to drug testing programs.
Key Protections
The ordinance protects job applicants and employees who are certified medical marijuana patients under the Pennsylvania Medical Marijuana Act of 2016, which covers individuals with qualifying serious medical conditions. It prohibits employers from discriminating based on lawful medical marijuana use, including banning:
- Pre-employment marijuana testing.
- Routine marijuana testing during employment, unless specifically permitted under certain exceptions.
Exceptions and Limitations
Although the ordinance provides broad protections, there are several exceptions:
- Jobs that require drug testing under federal or state regulations, such as those governed by the U.S. Department of Transportation (DOT).
- Positions involving firearms may continue testing under specific legal requirements.
- Pre-employment testing may still be enforced if covered under valid agreements that include drug-testing terms.
Additionally, while medical marijuana patients are protected from general discrimination, employers are not required to allow marijuana use on-site. The ordinance allows disciplinary actions if an employee under the influence exhibits performance below the standard of care for their role, especially in safety-sensitive positions.
Permissible Drug Testing
The ordinance continues to permit drug testing under specific circumstances, such as:
- Reasonable suspicion: Testing can occur if supervisors suspect an employee is impaired at work.
- Post-accident testing: Employers can conduct tests following workplace incidents.
- Testing for illegal use of other controlled substances is still allowed.
Safety Considerations
Pittsburgh’s ordinance aligns with state law, which restricts certain high-risk tasks for employees under the influence of medical marijuana, particularly when THC levels exceed 10 nanograms in the bloodstream. Tasks involving hazardous materials, high-voltage electricity, or other life-threatening duties remain regulated.
