§ 21a-422r — Employer violations. Civil action. Remedies. Exemptions. Labor Department not to enforce.

(a) Except as provided in subsection (b) of this section, if an employer has violated any provision of section 21a-422p or 21a-422q, an individual aggrieved by such violation may bring a civil action for judicial enforcement of such provision in the superior court for the judicial district where the violation is alleged to have occurred, or where the employer has its principal office, within ninety days of such alleged violation, except any action involving a state agency may be brought in the superior court for the judicial district of Hartford. Any individual who prevails in such civil action may be awarded reinstatement of the individual's previous employment or job offer, back wages and reasonable attorney's fees and costs, to be taxed by the court. (b) Nothing in this section shall be construed to create or imply a cause of action for any person against an employer: (1) For actions taken based on the employer's good faith belief that an employee used or possessed cannabis, except possession of palliative cannabis by a qualifying patient under chapter 420f, in the employer's workplace, while performing the employee's job duties, during work hours, or while on call in violation of the employer's employment policies; (2) for actions taken, including discipline or termination of employment, based on the employer's good faith belief that an employee was unfit for duty or impaired as a result of the use of cannabis, or under the influence of cannabis, while at the employer's workplace, while performing the employee's job duties, during work hours or while on call in violation of the employer's workplace drug policy; (3) for injury, loss or liability to a third party if the employer neither knew nor had reason to know that the employee was impaired by cannabis; (4) for subjecting an employee to drug testing or a fitness for duty evaluation, pursuant to a policy established under subdivision (1) of subsection (b) of section 21a-422p ; (5) for subjecting a prospective employee to drug testing or taking adverse action against a prospective employee, including, but not limited to, rescission of a conditional job offer, based on the results of a drug test, so long as no employer takes adverse action against a prospective employee in regard to a drug test that is solely positive for 11-nor-9-carboxy-delta-9-tetrahydrocannabinol unless such employer is an exempted employer, such prospective employee is applying for an exempted position, or the employer has established in an employment policy pursuant to subdivision (1) of subsection (b) of section 21a-422p that a positive drug test for 11-nor-9-carboxy-delta-9-tetrahydrocannabinol may result in adverse employment action; or (6) if such employer is an exempted employer or the claims are regarding an exempted position. (c) Notwithstanding the provisions of chapter 557, no employer, officer, agent or other person who violates any provision of sections 21a-422p to 21a-422s , inclusive, shall be liable to the Labor Department for a civil penalty, nor shall the Labor Department undertake an investigation of an employer, officer, agent or other person based solely on an allegation that such employer, officer, agent or other person violated the provisions of this section.

Legislative History

(June Sp. Sess. P.A. 21-1, S. 100.) History: June Sp. Sess. P.A. 21-1 effective July 1, 2022.