Massachusetts S 1068: An Act relative to the fair treatment of employees

Bill Text

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SENATE DOCKET, NO. 284 FILED ON: 1/27/2021
SENATE . . . . . . . . . . . . . . No. 1068

The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Jason M. Lewis
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to the fair treatment of employees.
_______________
PETITION OF:

NAME: DISTRICT/ADDRESS:
Jason M. Lewis Fifth Middlesex
James B. Eldridge Middlesex and Worcester 5/10/2021

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SENATE DOCKET, NO. 284 FILED ON: 1/27/2021
SENATE . . . . . . . . . . . . . . No. 1068
By Mr. Lewis, a petition (accompanied by bill, Senate, No. 1068) of Jason M. Lewis for
legislation relative to the fair treatment of employees. The Judiciary.

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 978 OF 2019-2020.]

The Commonwealth of Massachusetts

_______________
In the One Hundred and Ninety-Second General Court
(2021-2022)
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An Act relative to the fair treatment of employees.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Section 2 of chapter 94G of the General Laws, as appearing in the 2020
2 Official Edition, is hereby amended by striking out subsection (e).
3 SECTION 2. Chapter 94G of the General Laws is hereby amended by inserting after
4 section 21, the following section:-
5 Section 22.
6 (a) An employer may not discriminate against a person in hiring, termination or imposing
7 any term or condition of employment or otherwise penalize a person based upon a person’s use
8 of marijuana provided that:- (i) The use of marijuana by the employee is neither in the work
9 place during work hours, nor while the employee is performing tasks related to employment; and

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10 (ii) an employee is not impaired due to the consumption of marijuana in the workplace or while
11 performing tasks related to employment.
12 (b) Subsection (a) shall not apply to employers who are compelled to test for marijuana
13 due to requirements established by the federal government.
14 (c) Nothing in this Section prohibits an employer from taking adverse employment
15 action: (i) if an employee who is unable to maintain licenses, credentials, or other qualifications
16 that are reasonably necessary for the performance of the employee’s position, even if such
17 licensing, credentialing, or other qualifications prohibit the employee from using marijuana; or
18 (ii) the employee is charged with a crime relating to his or her use, possession, sale, manufacture,
19 distribution, dispensation, or transfer of marijuana and, based on the employer’s investigation
20 into the matter, the employer reasonably believes the employee committed a crime.
21 (d) Any person claiming to be aggrieved under subsection (a) may bring a civil action
22 under this section for damages or injunctive relief, or both, and shall be entitled to a trial by jury
23 on any issue of fact in an action for damages regardless of whether equitable relief is sought by a
24 party in such action. If the court finds for the petitioner, recovery shall be in the amount of actual
25 damages; or up to 2 times such amount if the court finds that the act or practice complained of
26 was committed with knowledge, or reason to know, that such act or practice violated the
27 provisions of this section.
28 (e) The executive office of labor and workforce development in consultation with the
29 executive office of public safety and security shall promulgate regulations to enforce this section.