Employee Drug Screening and the Law
Drug
screening -- and particularly random drug screening -- is not
permitted in every state in the U.S. A business should check their
state's labor laws. Depending on the state and situation, there
are various ways in which an employer is able to respond to failed
drug tests. For example, the Americans With Disabilities Act
states that a person with alcoholism has a disability which is
protected under the ADA. It also states that a company may not
refuse to
hire an individual because of his or her alcoholism, and
may not punish an alcoholic employee more severely than other
employees.
In states like California, random drug screening remains a thorny issue, because companies must carefully enforce any drug-screening policy in a way that does not increase their exposure to employment-related tort claims, especially for invasion of privacy.
Generally, there are four types of drug testing: pre-employment screening, random testing based on "reasonable suspicion" and post-accident testing. One common theme for all types of testing is that providing employees with advance written notice of a drug-testing policy diminishes an employee's (or applicant's) reasonable expectation of privacy.
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