Legal Limits on Drug Testing Done by Employers
For many types of jobs, employers require all applicants to take and pass a drug test before they are considered for hire. Some jobs even require random drug tests while on the job. However, it is important to note that there are some legal limits to drug testing done by employers, and that employees have certain rights they can exercise in relation to these tests.
Here are some of the legal limits on drug testing done by employers:
- Disability discrimination. Job applicants that use medication for a disability are protected from discrimination based on test results by the Americans with Disabilities Act (ADA). These protections are necessary because some prescriptions will show up on drug tests, and some of these drugs may be illegal without a prescription.
- General discrimination. Any company that singles out specific groups of people for drug testing could face discrimination claims. Examples of this type of discrimination include a company only asking members of a certain race or people with disabilities to be tested for drugs. While companies have the right to single out certain positions to be tested, they must require that all applicants for those positions be tested.
- Violation of procedures. Some states have particular procedural requirements and other issues that govern the way tests are administered. If a company or organization violates those rules, the test could be invalidated. Contact the Ohio State Labor Department for more information about Ohio drug testing rules in the workplace.
- Invasion of privacy. Sometimes the way a company conducts tests violates the privacy of the applicant. An example of this would be a situation in which a company requires the applicant disrobe or take a urine test in the presence of someone else.
If you have been charged with a drug crime or discriminated against because of a failed drug test, one of these stipulations could protect you in the eyes of the law. Work with a respected Cleveland drug defense attorney at the Law Office of Gregory S. Robey.