» Nevada Employers Can’t Deny Employment Because of Positive Marijuana Test
June 19, 2019
New Law Effective January 1, 2020
Nevada has adopted a new law that prohibits employers from failing or refusing to hire an applicant because of the applicant’s positive marijuana drug test result. The law takes effect on Jan. 1, 2020.
However, an exception to the rule applies when:
- The applicant is applying for a position as a firefighter or emergency medical technician;
- Federal or state law requires the employee to submit to drug tests to operate a motor vehicle;
- The employer determines that using marijuana in the position the applicant is applying for could adversely affect the safety of others; or
- The rule is inconsistent or in conflict with:
- Federal law;
- Requirements of a federal grant; or
- An employment contract or collective bargaining agreement.
The new law also provides that if an employer requires an employee to take a drug test within the first 30 days of employment, the employee has the right to pay for an additional drug test to rebut the results of the first test.