drug & alcohol testing

[beaniemom]

Can an employer not hire a 19 year old due to not passing the alcohol test portion of a drug test. Due to the fact that they are not 21.

 

[cbg]

I don't see any reason why not. Since he or she is not 21, it was illegal for them to be drinking in the first place. Why should they get the benefit of the doubt if someone over 21 wouldn't be hired for the same reason?

 

[Beth3]

Agree. A few states prohibit discrimination based up the use of lawful products off duty. I don't know if this teen's state is one of them but if it is, his use of alcohol was unlawful. The legal drinking age is 21 in all states as far as I am aware. And if his state is not one of those, the employer can do anything they want in this regard including not hiring a kid who is foolish enough to show up for his pre-employment drug/alcohol screen under the influence. Not exactly sound judgement.