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
Related Pages
- Workplace Safety Requirements
- Labor, Payroll, and Employment Compliance
- NY Labor Law
- ADA Accessibility Requirements
Source Material