Registered and approved sufferers of medical hashish in Puerto Rico are thought-about a protected class for functions of all employment legal guidelines beneath an modification to the “Act to Handle the Research, Improvement and Investigation of Hashish for Innovation, Relevant Norms and Limitations” signed by Governor Pedro R. Pierluisi on July 29, 2021.
Underneath the modification, Puerto Rico Legislation 15-2021, employers could not discriminate towards registered and approved sufferers of medical hashish within the recruitment, hiring, designation, or termination course of or when imposing disciplinary actions.
Legislation 15-2021 goes into impact instantly.
The provisions of Legislation 15-2021 won’t defend registered and approved sufferers of medical hashish if the employer can set up, by a preponderance of proof, that:
The usage of medical hashish represents an actual menace of hurt or hazard to others or property;
The usage of medical hashish interferes with the worker’s efficiency and capabilities;
Allowing using medical hashish would expose the employer to the chance of shedding any license, allow, or certification associated to any federal legislation, regulation, program, or fund; or
The registered and approved affected person made use of or possess medical hashish throughout working time or within the office with out the employer’s written authorization.
Employers’ Protections for Hiring Medical Hashish Sufferers
Legislation 15-2021 protects employers that rent registered and approved medical hashish sufferers from being penalized or denied a contract, license, allow, certification, advantages, or funds beneath the legal guidelines of the Commonwealth of Puerto Rico.
The provisions of Legislation 15-2021 are to be interpreted liberally in favor of the registered and approved sufferers of medical hashish.
Additional, the Medical Hashish Regulatory Board and the Division of Labor and Human Assets should undertake any rules or administrative measures to make sure the efficient implementation of Legislation 15-2021 by October 27, 2021.
Employers ought to revise their drug testing and discrimination insurance policies to adjust to Legislation 15-2021.
Jackson Lewis P.C. © 2021Nationwide Legislation Assessment, Quantity XI, Quantity 211