| 1 | 1 | | 1 of 1 |
|---|
| 2 | 2 | | SENATE DOCKET, NO. 384 FILED ON: 1/13/2025 |
|---|
| 3 | 3 | | SENATE . . . . . . . . . . . . . . No. 1148 |
|---|
| 4 | 4 | | The Commonwealth of Massachusetts |
|---|
| 5 | 5 | | _________________ |
|---|
| 6 | 6 | | PRESENTED BY: |
|---|
| 7 | 7 | | Jason M. Lewis |
|---|
| 8 | 8 | | _________________ |
|---|
| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
|---|
| 10 | 10 | | Court assembled: |
|---|
| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
|---|
| 12 | 12 | | An Act relative to the fair treatment of employees. |
|---|
| 13 | 13 | | _______________ |
|---|
| 14 | 14 | | PETITION OF: |
|---|
| 15 | 15 | | NAME:DISTRICT/ADDRESS :Jason M. LewisFifth Middlesex 1 of 2 |
|---|
| 16 | 16 | | SENATE DOCKET, NO. 384 FILED ON: 1/13/2025 |
|---|
| 17 | 17 | | SENATE . . . . . . . . . . . . . . No. 1148 |
|---|
| 18 | 18 | | By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1148) of Jason M. Lewis for |
|---|
| 19 | 19 | | legislation relative to the fair treatment of employees. The Judiciary. |
|---|
| 20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
|---|
| 21 | 21 | | SEE SENATE, NO. 1020 OF 2023-2024.] |
|---|
| 22 | 22 | | The Commonwealth of Massachusetts |
|---|
| 23 | 23 | | _______________ |
|---|
| 24 | 24 | | In the One Hundred and Ninety-Fourth General Court |
|---|
| 25 | 25 | | (2025-2026) |
|---|
| 26 | 26 | | _______________ |
|---|
| 27 | 27 | | An Act relative to the fair treatment of employees. |
|---|
| 28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
|---|
| 29 | 29 | | of the same, as follows: |
|---|
| 30 | 30 | | 1 SECTION 1. Section 2 of chapter 94G of the General Laws, as appearing in the 2022 |
|---|
| 31 | 31 | | 2Official Edition, is hereby amended by striking out subsection (e). |
|---|
| 32 | 32 | | 3 SECTION 2. Chapter 94G of the General Laws is hereby amended by inserting after |
|---|
| 33 | 33 | | 4section 22, the following section:- |
|---|
| 34 | 34 | | 5 Section 23. |
|---|
| 35 | 35 | | 6 (a) An employer may not discriminate against a person in hiring, termination or imposing |
|---|
| 36 | 36 | | 7any term or condition of employment or otherwise penalize a person based upon a person’s use |
|---|
| 37 | 37 | | 8of marijuana provided that:- (i) The use of marijuana by the employee is neither in the work |
|---|
| 38 | 38 | | 9place during work hours, nor while the employee is performing tasks related to employment; and 2 of 2 |
|---|
| 39 | 39 | | 10(ii) an employee is not impaired due to the consumption of marijuana in the workplace or while |
|---|
| 40 | 40 | | 11performing tasks related to employment. |
|---|
| 41 | 41 | | 12 (b) Subsection (a) shall not apply to employers who are compelled to test for marijuana |
|---|
| 42 | 42 | | 13due to requirements established by the federal government. |
|---|
| 43 | 43 | | 14 (c) Nothing in this Section prohibits an employer from taking adverse employment |
|---|
| 44 | 44 | | 15action: (i) if an employee who is unable to maintain licenses, credentials, or other qualifications |
|---|
| 45 | 45 | | 16that are reasonably necessary for the performance of the employee’s position, even if such |
|---|
| 46 | 46 | | 17licensing, credentialing, or other qualifications prohibit the employee from using marijuana; or |
|---|
| 47 | 47 | | 18(ii) the employee is charged with a crime relating to his or her use, possession, sale, manufacture, |
|---|
| 48 | 48 | | 19distribution, dispensation, or transfer of marijuana and, based on the employer’s investigation |
|---|
| 49 | 49 | | 20into the matter, the employer reasonably believes the employee committed a crime. |
|---|
| 50 | 50 | | 21 (d) Any person claiming to be aggrieved under subsection (a) may bring a civil action |
|---|
| 51 | 51 | | 22under this section for damages or injunctive relief, or both, and shall be entitled to a trial by jury |
|---|
| 52 | 52 | | 23on any issue of fact in an action for damages regardless of whether equitable relief is sought by a |
|---|
| 53 | 53 | | 24party in such action. If the court finds for the petitioner, recovery shall be in the amount of actual |
|---|
| 54 | 54 | | 25damages; or up to 2 times such amount if the court finds that the act or practice complained of |
|---|
| 55 | 55 | | 26was committed with knowledge, or reason to know, that such act or practice violated the |
|---|
| 56 | 56 | | 27provisions of this section. |
|---|
| 57 | 57 | | 28 (e) The executive office of labor and workforce development in consultation with the |
|---|
| 58 | 58 | | 29executive office of public safety and security shall promulgate regulations to enforce this section. |
|---|