AB 2188

  • California Assembly Bill
  • 2021-2022 Regular Session
  • Introduced in Assembly
  • Passed Assembly May 26, 2022
  • Passed Senate Aug 29, 2022
  • Signed by Governor Sep 18, 2022

Discrimination in employment: use of cannabis.

Abstract

Existing law, the California Fair Employment and Housing Act, protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination, abridgment, or harassment on account of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. The act prohibits various forms of employment discrimination and empowers the Civil Rights Department to investigate and prosecute complaints alleging unlawful practices. This bill, on and after January 1, 2024, would also make it unlawful for an employer to discriminate against a person in hiring, termination, or any term or condition of employment, or otherwise penalize a person, if the discrimination is based upon the person's use of cannabis off the job and away from the workplace, except for preemployment drug screening, as specified, or upon an employer-required drug screening test that has found the person to have nonpsychoactive cannabis metabolites in their hair, blood, urine, or other bodily fluids. The bill would exempt certain applicants and employees from the bill's provisions, including employees in the building and construction trades and applicants and employees in positions requiring a federal background investigation or clearance, as specified. The bill would specify that the bill does not preempt state or federal laws requiring applicants or employees to be tested for controlled substances as a condition of employment, receiving federal funding or federal licensing-related benefits, or entering into a federal contract.

Bill Sponsors (2)

Votes


Actions


Sep 18, 2022

California State Legislature

Approved by the Governor.

California State Legislature

Chaptered by Secretary of State - Chapter 392, Statutes of 2022.

Sep 12, 2022

California State Legislature

Enrolled and presented to the Governor at 4 p.m.

Aug 30, 2022

Assembly

Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 49. Noes 18.).

Aug 29, 2022

Assembly

In Assembly. Concurrence in Senate amendments pending.

Senate

Read third time. Passed. Ordered to the Assembly. (Ayes 28. Noes 11. Page 5209.).

Aug 25, 2022

Senate

Read third time and amended. Ordered to third reading.

Aug 11, 2022

Senate

Read second time. Ordered to third reading.

Senate

From committee: Do pass. (Ayes 5. Noes 2.) (August 11).

Aug 02, 2022

Senate

In committee: Referred to suspense file.

  • Referral-Committee
suspense file.

Jun 30, 2022

Senate

Read second time and amended. Re-referred to Com. on APPR.

  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on APPR.

Jun 29, 2022

Senate

From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 4. Noes 1.) (June 29).

Jun 22, 2022

Senate

From committee: Do pass and re-refer to Com. on L., P.E. & R. (Ayes 8. Noes 2.) (June 21). Re-referred to Com. on L., P.E. & R.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on L., P.E. & R.

Jun 13, 2022

Senate

From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  • Amendment-Introduction
  • Amendment-Passage
  • Reading-1
  • Reading-2
  • Referral-Committee
Com. on JUD.

Jun 08, 2022

Senate

Referred to Coms. on JUD. and L., P.E. & R.

  • Referral-Committee
Coms. on JUD. and L., P.E. & R.

May 27, 2022

Senate

In Senate. Read first time. To Com. on RLS. for assignment.

May 26, 2022

Assembly

Read third time. Passed. Ordered to the Senate. (Ayes 42. Noes 23.)

May 19, 2022

Assembly

Read second time. Ordered to third reading.

Assembly

From committee: Do pass. (Ayes 11. Noes 4.) (May 19).

May 11, 2022

Assembly

In committee: Set, first hearing. Referred to suspense file.

  • Referral-Committee
suspense file.

Apr 26, 2022

Assembly

From committee: Do pass and re-refer to Com. on APPR. (Ayes 6. Noes 2.) (April 26). Re-referred to Com. on APPR.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on APPR.

Apr 21, 2022

Assembly

From committee: Do pass and re-refer to Com. on JUD. (Ayes 5. Noes 2.) (April 20). Re-referred to Com. on JUD.

  • Committee-Passage
  • Committee-Passage-Favorable
  • Referral-Committee
Com. on JUD.

Apr 18, 2022

Assembly

Re-referred to Com. on L. & E.

  • Referral-Committee
Com. on L. & E.

Apr 07, 2022

Assembly

From committee chair, with author's amendments: Amend, and re-refer to Com. on L. & E. Read second time and amended.

Feb 24, 2022

Assembly

Referred to Coms. on L. & E. and JUD.

  • Referral-Committee
Coms. on L. & E. and JUD.

Feb 16, 2022

Assembly

From printer. May be heard in committee March 18.

Feb 15, 2022

Assembly

Read first time. To print.

Bill Text

Bill Text Versions Format
AB2188 HTML
02/15/22 - Introduced PDF
04/07/22 - Amended Assembly PDF
06/13/22 - Amended Senate PDF
06/30/22 - Amended Senate PDF
08/25/22 - Amended Senate PDF
09/01/22 - Enrolled PDF
09/18/22 - Chaptered PDF

Related Documents

Document Format
04/18/22- Assembly Labor and Employment PDF
04/22/22- Assembly Judiciary PDF
05/09/22- Assembly Appropriations PDF
05/20/22- ASSEMBLY FLOOR ANALYSIS PDF
06/18/22- Senate Judiciary PDF
06/27/22- Senate Committee on Labor, Public Employment and Retirement PDF
07/29/22- Senate Appropriations PDF
08/13/22- Sen. Floor Analyses PDF
08/26/22- Sen. Floor Analyses PDF
08/30/22- ASSEMBLY FLOOR ANALYSIS PDF

Sources

Data on Open States is updated periodically throughout the day from the official website of the California State Legislature.

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