The mayor’s new marijuana policy still prevents some employees from using cannabis, and a longtime Department of Public Works employee says that amounts to discrimination.

But the new mayoral order doesn’t apply to “safety-sensitive” workers like police officers and maintenance drivers.

The ACLU of D.C. says it will file a lawsuit if a D.C. worker is not accommodated.

Emergency legislation at the D.C. Council on Tuesday would prevent employment discrimination against city workers in the medical marijuana program.