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A proposed bill would prohibit Colorado employers from taking adverse actions against employees who use marijuana on their own time.

About The Bill

Colorado House Bill 20-1089 (HB20-1089) is not exclusively about marijuana usage, but that is a primary focus. It updates existing law to say: “It is a discriminatory or unfair employment practice for an employer to terminate the employment of any employee due to that employee's engaging in any lawful activity that is lawful under state law while off the premises of the employer during non-working hours.”

Current law in Colorado disallows employers from taking adverse actions against employees who consume alcohol while off-duty. It does not make the same stipulation for marijuana usage, which is now legal in the state. Representative Jovan Melton introduced HB20-1089 to clarify that employers are prohibited from firing employees who partake in legal activities outside of the workday.

What If The Activity Is Illegal On A Federal Basis?

HB20-1089 goes further by specifying that it does not matter if an activity is illegal on a federal level. It states that by “clarifying that the prohibition on termination for lawful off-duty activities includes activities that are lawful under state law, even if not lawful under federal law, the statute will be brought into harmony with the requirements of the Colorado constitution.”

Lawmakers hope the bill will be approved and implemented sometime in 2020. Read the full bill.

Drug Screenings

According to Melton, HB20-1089 would not affect pre-employment drug screenings. However, it will address random drug screens for existing employees.

Employees will still be unable to use marijuana while on the job, but THC can remain in a person’s system for up to 30 days. Therefore, employers could be asked to omit tests for THC in their screenings or to disregard any positive results that are returned. Employers will still be allowed to test for other types of drug usage on applicants and employees.

What Colorado Employers Should Know

Employers in Colorado should be aware of HB20-1089 and prepared for compliance if the bill is signed into law. Should that happen, no employee can be terminated for using marijuana (or participating in other legal activities) outside of the workplace. While this law is specific to Colorado, every employer should be aware that marijuana-based laws are becoming more common. We recommend that organizations confer with legal counsel when finalizing their written hiring policies to ensure they address compliance with relevant laws.

If you need background checks, drug screenings, ongoing monitoring or related services that help you make informed decisions and create safe workplaces, please contact us. Our team is highly experienced and makes efforts to keep up with laws that affect employers. We are available to assist you Monday through Friday from 5am to 6pm PT.