Chapter 9-5502 of the Philadelphia Code states that, barring a specified set of exceptions, "it shall be an unlawful employment practice for an employer, labor organization, employment agency or agent thereof to require a prospective employee to submit to testing for the presence of marijuana in such prospective employee's system as a condition of employment." If an individual does not qualify as an exception and was asked to submit to a drug test screening for marijuana, that individual may have grounds to file a complaint.

To qualify, the incident must have occurred in Philadelphia and within the last 30 days. If these thresholds apply, individuals can initiate the process by completing the intake form. Individuals may also need to secure additional information about the employer's drug testing requirements. Completed intake forms may be mailed, faxed or submitted electronically via email to PCHR staff for review. Once reviewed, PCHR will contact individuals about potentially filing a complaint.

Employers are encouraged to review the specific details regarding Chapter 9-5502 to ensure internal policies and protocols regarding drug testing are compliant with Philadelphia requirements.

Posted: March 30, 2022