Illinois Amends Recreational Marijuana Law Potentially Reducing Employer Liabilities
In June, we reported that recreational marijuana will be legal in Illinois at Hire Image , effective January 1, 2020. Under the law, called the Legalization Act, employers may still require a drug free workplace and may still prohibit employees from being under the influence of marijuana in the workplace or while on call. The law also specifically mentioned the right of employers to discipline or terminate an employee who violates the workplace drug policy. While the law was clear in some instances, it also created some ambiguity in terms of causes of action, potentially increasing exposure for Illinois employers who test for marijuana and act on a positive test result. As such, the Governor recently signed amendments to the Legalization Act into law. Those amendments provide, in part: “Nothing in this Act shall be construed to create or imply a cause of action for any person against an employer for: ...