Drug Testing as a requirement

[Prima5]

What is the name of your state? Prima5 from Texas.

I was just wondering if anyone can answer this question that came up in my government class today. There are laws that allow employers to do drug tests if you are employed in public safety. Can other empoyers make you take a drug test? What are the legalities of that? Is there any case law?

 

[cbg]

It varies with the state, but yes, a private employer can require a drug test. It ranges from, any employer can require a drug test of any employee, to, certain employers may test certain employees. Although my list is somewhat out of date, I could find no state regulation in any state forbidding private employers from drug testing applicants.

There is no comprehensive Federal law restricting drug testing on private employers either. In general, drug testing of applicants in the private sector is considered lawful unless there is a state law law restricting it for the particular situation.

It's a little more restrictive when it comes to testing existing employees, but again it varies with the state law. Depending on the state, it may be permissable only in certain situations, or only for certain employees. Some states permit random testing, some don't. Some states permit drug testing with advance notice. Again, on a quick glance I could not find any state that out-and-out forbade drug testing in all situations.

 

[Prima5]

Thank you

Thank you very much for the information.