Screening News Update: Drug Testing Lawmakers | Medical Marijuana Ruling | CFPB Rule Change
- Should Lawmakers Have to Take Drug Tests Too?
- Another Federal Ruling Against the Employer in a Medical Marijuana Case
- Make Sure You Have an Updated “Summary of Rights”
Should Lawmakers Have to Take Drug Tests Too?
Congressman Clay Higgins (R-La.) introduced a resolution that would require every Representative and Senator undergo a random drug screening just like many of their constituents are required to do. According to Higgins, elected officials in Washington should be subjected to the same kind of screening that blue-collar, working-class Americans are. He says Congress shouldn’t get to live by a different set of rules. He jokingly added that he has seen plenty of things on Capitol Hill that would cause one to wonder. The bill would require each lawmaker to pay for the test out of their own pocket once during each term. If anyone refuses, their name would be made public. We’re not sure if this will get much traction. There are no co-sponsors -- at least, not yet. We’ll keep you posted!
Another Federal Ruling Against the Employer in a Medical Marijuana Case
A federal district judge in Connecticut is the latest to rule against an employer trying to keep a drug-free workplace. In the case of Noffsinger v. Niantic Operating Company, LLC, a job applicant informed the company that she takes doctor-prescribed synthetic marijuana for PTSD. She told her would-be employer that since she takes it only at night, before bed, it would have no effect on her work. When her drug test came back positive for THC, the company rescinded the job offer. She sued claiming this violated the state’s Palliative Use of Marijuana Act (PUMA). In 2017 the company claimed there were three federal statutes that preempted PUMA, but a judge disagreed. A year later a second request to dismiss was denied and the plaintiff’s motion for summary judgment was granted. Similar decisions have also been made in Rhode Island and Massachusetts.
Make Sure You Have an Updated “Summary of Rights”
On September 21st a new regulation went into effect regarding the Summary of Rights that is required by the Fair Credit Reporting Act (FCRA). Anytime an employer or Consumer Reporting Agency (CRA) sends out a “Summary of Rights” to a job applicant, they must now use an updated document that includes additional information about how consumers have the right to put a security freeze and fraud alert on their credit report. If you are an EBI customer, you should have already received an email with a copy the new Summary of Rights. If you have any questions, you can reach out to our compliance team at Compliance@ebiinc.com.