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| 2 | 2 | | SENATE DOCKET, NO. 915 FILED ON: 1/18/2023 |
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| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1020 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | Jason M. Lewis |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act relative to the fair treatment of employees. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :Jason M. LewisFifth MiddlesexDavid Henry Argosky LeBoeuf17th Worcester2/7/2023 1 of 2 |
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| 16 | 16 | | SENATE DOCKET, NO. 915 FILED ON: 1/18/2023 |
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| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1020 |
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| 18 | 18 | | By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1020) of Jason M. Lewis and David |
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| 19 | 19 | | Henry Argosky LeBoeuf for legislation relative to the fair treatment of employees. The |
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| 20 | 20 | | Judiciary. |
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| 21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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| 22 | 22 | | SEE SENATE, NO. 1068 OF 2021-2022.] |
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| 23 | 23 | | The Commonwealth of Massachusetts |
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| 24 | 24 | | _______________ |
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| 25 | 25 | | In the One Hundred and Ninety-Third General Court |
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| 26 | 26 | | (2023-2024) |
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| 27 | 27 | | _______________ |
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| 28 | 28 | | An Act relative to the fair treatment of employees. |
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| 29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 30 | 30 | | of the same, as follows: |
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| 31 | 31 | | 1 SECTION 1. Section 2 of chapter 94G of the General Laws, as appearing in the 2020 |
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| 32 | 32 | | 2Official Edition, is hereby amended by striking out subsection (e). |
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| 33 | 33 | | 3 SECTION 2. Chapter 94G of the General Laws is hereby amended by inserting after |
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| 34 | 34 | | 4section 21, the following section:- |
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| 35 | 35 | | 5 Section 22. |
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| 36 | 36 | | 6 (a) An employer may not discriminate against a person in hiring, termination or imposing |
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| 37 | 37 | | 7any term or condition of employment or otherwise penalize a person based upon a person’s use |
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| 38 | 38 | | 8of marijuana provided that:- (i) The use of marijuana by the employee is neither in the work |
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| 39 | 39 | | 9place during work hours, nor while the employee is performing tasks related to employment; and 2 of 2 |
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| 40 | 40 | | 10(ii) an employee is not impaired due to the consumption of marijuana in the workplace or while |
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| 41 | 41 | | 11performing tasks related to employment. |
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| 42 | 42 | | 12 (b) Subsection (a) shall not apply to employers who are compelled to test for marijuana |
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| 43 | 43 | | 13due to requirements established by the federal government. |
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| 44 | 44 | | 14 (c) Nothing in this Section prohibits an employer from taking adverse employment |
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| 45 | 45 | | 15action: (i) if an employee who is unable to maintain licenses, credentials, or other qualifications |
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| 46 | 46 | | 16that are reasonably necessary for the performance of the employee’s position, even if such |
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| 47 | 47 | | 17licensing, credentialing, or other qualifications prohibit the employee from using marijuana; or |
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| 48 | 48 | | 18(ii) the employee is charged with a crime relating to his or her use, possession, sale, manufacture, |
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| 49 | 49 | | 19distribution, dispensation, or transfer of marijuana and, based on the employer’s investigation |
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| 50 | 50 | | 20into the matter, the employer reasonably believes the employee committed a crime. |
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| 51 | 51 | | 21 (d) Any person claiming to be aggrieved under subsection (a) may bring a civil action |
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| 52 | 52 | | 22under this section for damages or injunctive relief, or both, and shall be entitled to a trial by jury |
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| 53 | 53 | | 23on any issue of fact in an action for damages regardless of whether equitable relief is sought by a |
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| 54 | 54 | | 24party in such action. If the court finds for the petitioner, recovery shall be in the amount of actual |
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| 55 | 55 | | 25damages; or up to 2 times such amount if the court finds that the act or practice complained of |
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| 56 | 56 | | 26was committed with knowledge, or reason to know, that such act or practice violated the |
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| 57 | 57 | | 27provisions of this section. |
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| 58 | 58 | | 28 (e) The executive office of labor and workforce development in consultation with the |
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| 59 | 59 | | 29executive office of public safety and security shall promulgate regulations to enforce this section. |
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