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ABA Family Legal Guide
Law and the Workplace
The Hiring Process
May an employer require applicants or employees to undergo drug-screening tests?
Federal law does not prohibit drug-screening tests. Several states, however, have placed restrictions on them. Iowa and Rhode Island, for example, require employers to have probable cause before they can test employees. Other states, such as Minnesota and North Carolina, have established guidelines that must be followed in administering drug tests. In a workplace where employees are represented by a union, an employer must bargain with the union before it can begin testing employees for drugs.
Moreover, the method used by an employer in administering a drug test (such as direct observation of urination) could be considered outrageous and make the employer liable under tort law for invasion of privacy or intentional infliction of emotional distress.
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Side Bar - Drug-Testing Requirements for Certain Occupations U.S. Department of Transportation (DOT) regulations require drug testing of railroad workers and employees who operate commercial motor vehicles in interstate commerce. Testing occurs before employment, and then periodically or for reasonable cause. The U.S. Federal Aviation Administration (FAA) has also issued drug-testing regulations, similar to those issued by the DOT, covering airline flight personnel. The Drug-Free Workplace Act, while not requiring drug testing, does require all federal contractors with contracts worth at least $25,000 or more to establish a drug-free awareness program and communicate the program to all their employees. Some states also impose drug-testing requirements for certain jobs, mainly in the transportation industry. |
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