Philadelphia Will Ban Pre-Employment Marijuana Testing in 2022
The city of Philadelphia, PA., has enacted a law prohibiting employers from testing for marijuana as a condition of employment, effective January 1, 2022.
The new Chapter 9-4700 of the Philadelphia Code states that except as otherwise provided by law, or as provided in the exceptions (listed below), it is unlawful for an employer, labor organization, employment agency, or agent thereof to require a prospective employee to submit to marijuana testing as a condition of employment.
There are exceptions in the law for individuals working in specific jobs or professions:
– Police officers or other law enforcement positions
– Any position requiring a commercial driver’s license
– Any job involving the supervision or care of children, medical patients, disabled or other vulnerable individuals
– Any position in which the employee could significantly impact the health or safety of other employees or members of the public, as determined by the enforcement agency and as outlined in regulations under this Chapter.
The new law also states that it does not apply to drug testing that is required by:
– Any federal or state statute, regulation, or order that requires drug testing of prospective employees for purposes of safety or security;
– Any contract between the federal government and an employer or any grant of financial assistance from the federal government to an employer that requires drug testing of prospective employees as a condition of receiving the contract or grant; or
– Any applicant whose prospective employer is a party to a valid collective bargaining agreement that specifically addresses the pre-employment drug testing of such applicants
Philadelphia employers should watch for the regulations to be implemented by the agency with enforcement responsibility concerning the types of jobs that “could significantly impact the health or safety of other employees or members of the public.” In addition, employers should review their drug and alcohol testing policies and be ready to make any required changes prior to January 1, 2022.
Japan enacts Amendments to the Act on the Protection of Personal Information
The law amending the Act on the Protection of Personal Information was enacted on June 5 by the Japanese government. The new law is expected to take effect either by the end of 2021 or early 2022. Under the current APPI, any prearranged personal data to be erased within six months from the acquisition is not “retained personal data.” However, the amendments removed the six-month qualification, thereby making any personal data “retained personal data” regardless of the data retention period.
Thousands of people whose names matched OFAC’s list of restricted individuals for national security reasons were flagged as a “potential match” in their credit files that were readily available to their creditors and potential employers by TransUnion, one of the renowned credit reporting companies. One of the victims, Sergio Ramirez, sued TransUnion on behalf of a class of similarly affected individuals, and the jury found that TransUnion violated multiple consumer protection norms of the Fair Credit Reporting Act (FCRA). TransUnion argued that many of the plaintiffs did not suffer any “concrete” injury that gives them the standing to sue under Article III of the U.S. Constitution in order to overturn the jury’s damages award.