For many jobs, it’s illegal to require that prospective employees be tested for marijuana as a condition of employment. If you’ve been asked to submit to testing, you may be able to file a complaint with the Philadelphia Commission on Human Relations (PCHR).
This law doesn’t limit an employer’s ability to maintain a drug-free workplace through policies, discipline, and other measures. Drug testing for current employees is still permitted.
When and where
To qualify, the incident you want to report must have happened in Philadelphia within the last 30 days.
Exceptions to the law
Types of jobs
Pre-employment testing for marijuana is allowed if:
- It’s required by any federal or state statute or regulation for purposes of safety or security.
- It’s required by the federal government as a condition of receiving a contract or grant.
- It’s included in the terms of a collective bargaining agreement.
Pre-employment testing is also allowed for jobs where an employee’s work may significantly impact the health or safety of others. This may include jobs in law enforcement, medicine, construction, and more.
For the current list of exceptions, see Chapter 9-5502 of the Philadelphia Code.
PCHR is drafting regulations that will expand the list of exceptions. We won’t accept complaints for positions identified in the drafted regulations until the rules are finalized.
How to make a complaint
To begin, you may need to gather information about the employer’s drug testing requirement.
If you’re not sure or have questions, PCHR will work with you on additional information. You can contact our office at (215) 686-4670.
Forms can be emailed to firstname.lastname@example.org or mailed to:
Philadelphia Commission on Human Relations
The Curtis Center
601 Walnut St., Suite 300 South
Philadelphia, PA 19106
You can also fax your form to (215) 686-4684.