Drug- and Alcohol-Free Workplace Policy

You may have an employment policy that prohibits employees from being under the influence of drugs, marijuana or alcohol while in the workplace without violating the ADA or FEHA. For more information, see Drugs and Alcohol. You may implement and enforce a drug and alcohol-free workplace policy, even if you are not required to have one under the federal and state drug free workplace acts.

Proposition 64 legalized recreational use of marijuana in California, however, employers may continue to maintain workplace policies prohibiting marijuana. Employers should clearly state their position on the use of marijuana in the workplace.