Can My Employer Drug Test Me?
Yes, your employer can legally require you to take a drug test. Federal, state and private employees are all subject to drug testing. Many federal employees, such as those who handle classified information, those who work in national security, law enforcement officers, employees with duties to protect property, life, health and safety, and even the President are subject to drug testing. The Supreme Court has ruled that while drug testing does infringe on an employee’s privacy, it may be necessary in order to protect the health and safety of others.
Most state laws are similar to federal laws and generally maintain the legality of drug testing for state employees. Certain states, like as California, have said that while it is legal to give drug tests to any incoming employees, there must be cause to test current employees. Additionally, California requires that drug testing is justified in only very limited and strictly defined circumstances.
Many private employers require that their employees undergo drug testing. State and local laws vary in the way that they protect private employees’ privacy. In many states and localities private employers may test employees for health and safety reasons, to increase productivity in the workplace, or to prevent illegal activities in the work place that derive from drug-related activity.
Employers may also require a drug test upon an employee applying for a job. In most cases, an employee seeking first-time employment can be tested as a condition of employment, even if there is no cause or reason to believe that the prospective employee has been taking drugs. The employer, however, must test all incoming employees for drugs and may not single you out for special treatment.
Some states have imposed limitations on pre-employment drug testing. For example, California allows a drug test only after the applicant has received an offer of employment conditioned on passing the test. In other states, employers that drug test are required to provide written notice or indicate in their job postings that testing is required.
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Courtesy of Workplace Fairness. For more information regarding the article, visit http://www.workplacefairness.org/drug-testing-workplace#1
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