California 2019 2019-2020 Regular Session

California Assembly Bill AB882 Introduced / Bill

Filed 02/20/2019

                    CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 882Introduced by Assembly Member McCartyFebruary 20, 2019 An act to add Section 1029 to the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 882, as introduced, McCarty. Termination of employment: drug testing: medication-assisted treatment.Existing law requires an employer who regularly employs 25 or more employees to reasonably accommodate any employee who voluntarily participates in an alcohol or drug rehabilitation program, provided the employer does not suffer undue hardship.This bill would prohibit an employer, regardless of the number of employees, from discharging an employee for testing positive for a drug that is being used as a medical-assisted treatment, under the care of a physician or licensed treatment program, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. Section 1029 is added to the Labor Code, to read:1029. No private employer, regardless of the number of employees, shall terminate the employment of an employee if the sole reason for termination is that the employee tested positive on a drug test for a drug that is being used as a medication-assisted treatment under the care of a physician or pursuant to a licensed narcotics treatment program.

 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION Assembly Bill No. 882Introduced by Assembly Member McCartyFebruary 20, 2019 An act to add Section 1029 to the Labor Code, relating to employment. LEGISLATIVE COUNSEL'S DIGESTAB 882, as introduced, McCarty. Termination of employment: drug testing: medication-assisted treatment.Existing law requires an employer who regularly employs 25 or more employees to reasonably accommodate any employee who voluntarily participates in an alcohol or drug rehabilitation program, provided the employer does not suffer undue hardship.This bill would prohibit an employer, regardless of the number of employees, from discharging an employee for testing positive for a drug that is being used as a medical-assisted treatment, under the care of a physician or licensed treatment program, as specified.Digest Key Vote: MAJORITY  Appropriation: NO  Fiscal Committee: YES  Local Program: NO 





 CALIFORNIA LEGISLATURE 20192020 REGULAR SESSION

Assembly Bill No. 882

Introduced by Assembly Member McCartyFebruary 20, 2019

Introduced by Assembly Member McCarty
February 20, 2019

 An act to add Section 1029 to the Labor Code, relating to employment. 

LEGISLATIVE COUNSEL'S DIGEST

## LEGISLATIVE COUNSEL'S DIGEST

AB 882, as introduced, McCarty. Termination of employment: drug testing: medication-assisted treatment.

Existing law requires an employer who regularly employs 25 or more employees to reasonably accommodate any employee who voluntarily participates in an alcohol or drug rehabilitation program, provided the employer does not suffer undue hardship.This bill would prohibit an employer, regardless of the number of employees, from discharging an employee for testing positive for a drug that is being used as a medical-assisted treatment, under the care of a physician or licensed treatment program, as specified.

Existing law requires an employer who regularly employs 25 or more employees to reasonably accommodate any employee who voluntarily participates in an alcohol or drug rehabilitation program, provided the employer does not suffer undue hardship.

This bill would prohibit an employer, regardless of the number of employees, from discharging an employee for testing positive for a drug that is being used as a medical-assisted treatment, under the care of a physician or licensed treatment program, as specified.

## Digest Key

## Bill Text

The people of the State of California do enact as follows:SECTION 1. Section 1029 is added to the Labor Code, to read:1029. No private employer, regardless of the number of employees, shall terminate the employment of an employee if the sole reason for termination is that the employee tested positive on a drug test for a drug that is being used as a medication-assisted treatment under the care of a physician or pursuant to a licensed narcotics treatment program.

The people of the State of California do enact as follows:

## The people of the State of California do enact as follows:

SECTION 1. Section 1029 is added to the Labor Code, to read:1029. No private employer, regardless of the number of employees, shall terminate the employment of an employee if the sole reason for termination is that the employee tested positive on a drug test for a drug that is being used as a medication-assisted treatment under the care of a physician or pursuant to a licensed narcotics treatment program.

SECTION 1. Section 1029 is added to the Labor Code, to read:

### SECTION 1.

1029. No private employer, regardless of the number of employees, shall terminate the employment of an employee if the sole reason for termination is that the employee tested positive on a drug test for a drug that is being used as a medication-assisted treatment under the care of a physician or pursuant to a licensed narcotics treatment program.

1029. No private employer, regardless of the number of employees, shall terminate the employment of an employee if the sole reason for termination is that the employee tested positive on a drug test for a drug that is being used as a medication-assisted treatment under the care of a physician or pursuant to a licensed narcotics treatment program.

1029. No private employer, regardless of the number of employees, shall terminate the employment of an employee if the sole reason for termination is that the employee tested positive on a drug test for a drug that is being used as a medication-assisted treatment under the care of a physician or pursuant to a licensed narcotics treatment program.



1029. No private employer, regardless of the number of employees, shall terminate the employment of an employee if the sole reason for termination is that the employee tested positive on a drug test for a drug that is being used as a medication-assisted treatment under the care of a physician or pursuant to a licensed narcotics treatment program.