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