Employer Anti-Discrimination Rules (Federal Employment Law)

Cannabis employers must comply with federal anti-discrimination laws, even though cannabis remains illegal at the federal level. These rules apply to every dispensary and cover all stages of employment, from hiring through termination.

Violations can trigger federal investigations, lawsuits, and enforcement actions.

What This Covers

Protected classes under federal law
Prohibited employment practices
Accommodation and harassment obligations
Documentation and policy consistency requirements
Enforcement authority

Protected Classes

Federal law prohibits discrimination based on:

Race
Color
Religion
Sex, including:
- Pregnancy
- Sexual orientation
- Gender identity
National origin
Age (40 and older)
Disability
Genetic information

These protections apply regardless of cannabis license status.

Prohibited Practices

Discrimination is prohibited across all employment decisions, including:

Hiring and recruitment
Scheduling and shift assignments
Training, promotion, and advancement
Discipline and termination
Pay, leave, and benefits

Policies must be applied consistently to all employees.

Accommodation and Harassment Requirements

Employers have additional affirmative obligations.

Provide reasonable accommodations for employees with disabilities, unless doing so causes undue hardship
Maintain a workplace free from harassment, including sexual harassment
Investigate complaints promptly and document outcomes
Maintain clear, written workplace policies

Failure to accommodate or address harassment is treated as discrimination.

Enforcement and Oversight

Identifies agencies that enforce anti-discrimination laws.

Equal Employment Opportunity Commission (EEOC)
U.S. Department of Justice (DOJ), Civil Rights Division
U.S. Department of Labor (DOL), where applicable

Enforcement can result in investigations, corrective orders, or litigation.

What Operators Usually Miss

Federal employment laws apply even to state-legal cannabis businesses
Inconsistent enforcement of policies creates liability
Poor documentation weakens employer defenses

When This Comes Up

Hiring and onboarding
Employee complaints or disputes
Disciplinary actions or terminations
Audits, investigations, or lawsuits

What Happens If You Ignore This

Federal investigations
Employee lawsuits
Monetary damages and penalties
Mandatory corrective action