Section 32-951.02 - Employment protections(a) An employer may not refuse to hire, terminate from employment, suspend, fail to promote, demote, or penalize an individual based upon: (1) The individual's use of cannabis;(2) The individual's status as a medical cannabis program patient; or(3) The presence of cannabinoid metabolites in the individual's bodily fluids in an employer-required or requested drug test without additional factors indicating impairment pursuant to subsection (b)(4) of this section.(b) Notwithstanding subsection (a), an employer shall not be in violation of this section when the employer takes action related to the use of cannabis based on any of the following:(1) The employee is in a position designated as safety sensitive.(2) The employer's actions are required by federal statute, federal regulations, or a federal contract or funding agreement.(3) The employee used, consumed, possessed, stored, delivered, transferred, displayed, transported, sold, purchased, or grew cannabis at the employee's place of employment, while performing work for the employer, or during the employee's hours of work, unless otherwise permitted pursuant to section 211 (b-1) of the Human Rights Act of 1977, effective December 13, 1977 (D.C. Law 2-38; D.C. Official Code § 2-1402.11 (b-1)) ("section 211 (b-1) of the HRA"), or section 2062 of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective April 27, 2021 (D.C. Law 23-276; D.C. Official Code § 1-620.62) ("section 2062 of the CMPA").(4) Notwithstanding section 211 (b-1) of the HRA or section 2062 of the CMPA, the employee is impaired by the use of cannabis, meaning the employee manifests specific articulable symptoms while working, or during the employee's hours of work, that substantially decrease or lessen the employee's performance of the duties or tasks of the employee's job position, or such specific articulable symptoms interfere with an employer's obligation to provide a safe and healthy workplace as required by District or federal occupational safety and health law.Added by D.C. Law 24-190,§ I-102, 69 DCR 008849, eff. 10/22/2022.