Drug Testing: Can Companies Enforce Legal Action?

The consequences of failing a drug test at work vary based on company policy and applicable federal, state and local laws. For example, some government-regulated workplaces must adhere to the Drug-Free Workplace Act of 1988 if they receive federal grants or contracts of $100,000 or more. Other employers with a zero-tolerance drug policy may terminate employees for failing a drug test if the state allows it. However, the Civil Rights Act of 1964 prohibits employers from choosing people to test based on protected classes, such as race, religion, or national origin. The Americans With Disabilities Act prohibits discrimination against job applicants based on prior drug use or participation in a rehabilitation program. It also makes it illegal to single out people for drug testing because they appear to be under the influence.

An employee's rights after failing a drug test

Employees have certain rights if they fail a drug test. The consequences of failing a drug test depend on the employer’s policies and state and federal law. For example, some government-regulated workplaces must adhere to the Drug-Free Workplace Act of 1988 if they receive federal grants or contracts of $100,000 or more.

State and local laws may also give employees who fail drug tests certain rights. For example, some laws require employers to provide employees with the opportunity to explain the reason for the test or to consent to a rehabilitation program before they can take disciplinary action.

The federal FCRA law requires employers who use a background check company to notify employees of the potential for adverse action before conducting a drug test and advise them of their rights to dispute the results if they fail the drug test.

As for federal law, the Civil Rights Act of 1964 prohibits employers from choosing people to test based on protected classes, such as race, religion, or national origin. The Americans With Disabilities Act prohibits discrimination against job applicants based on prior drug use or participation in a rehabilitation program. It also makes it illegal to single out people for drug testing because they appear to be under the influence.

An employer's rights after an employee fails a drug test

Some government-regulated workplaces must adhere to the Drug-Free Workplace Act of 1988 if they receive federal grants or contracts of $100,000 or more. Other employers with a zero-tolerance drug policy may terminate employees for failing a drug test if the state allows it. State and local laws may also give employees who fail drug tests certain rights; some laws require employers to provide employees with the opportunity to explain the reason for the test or to consent to a rehabilitation program before they can take disciplinary action. For example, the FMCSA mandates that CDL drivers who fail a drug test at work receive a suspension until they complete a return-to-duty process under the supervision of a Department of Transportation (DOT)-qualified substance abuse professional and test negative on a return-to-duty drug test.

State and federal laws regarding drug testing

The consequences of failing a drug test depend on the employer’s policies and state and federal law. If a job offer depends on an applicant passing a drug test, employers may withdraw a job offer if the applicant fails a pre-employment drug test. However, the employer must follow the steps required by federal law and the pre-employment drug testing laws of the state in which the applicant applies. Before taking any action in response to a failed drug test, an employer wants to review its own drug testing policy and be sure to follow them. Also, the employer must adhere to all applicable state and federal laws.

Where allowed by law, some employers may choose to conduct random or periodic drug testing of employees throughout their duration of employment. Others may test employees after an accident, upon returning to work after a violation, or when an employee shows signs of substance abuse. The consequences of failing a drug test at work vary based on company policy and applicable federal and state guidelines. For example, some government-regulated workplaces must adhere to the Drug-Free Workplace Act of 1988 if they receive federal grants or contracts of $100,000 or more. Other employers with a zero-tolerance drug policy may terminate employees for failing a drug test if the state allows it.

State and local laws may also give employees who fail drug tests certain rights; some laws require employers to provide employees with the opportunity to explain the reason for the test or to consent to a rehabilitation program before they can take disciplinary action. As for federal law, the Civil Rights Act of 1964 prohibits employers from choosing people to test based on protected classes, such as race, religion, or national origin. The Americans With Disabilities Act prohibits discrimination against job applicants based on prior drug use or participation in a rehabilitation program. It also makes it illegal to single out people for drug testing because they appear to be under the influence.

Employment policies on drug testing

The consequences of failing a drug test depend on the employer's policies and the state and federal law. Employers may choose to conduct random or periodic drug testing of employees throughout their duration of employment. Others may test employees after an accident, upon returning to work after a violation, or when an employee shows signs of substance abuse.

If a job offer depends on an applicant passing a drug test, employers may withdraw a job offer if the applicant fails a pre-employment drug test. However, the employer must follow the steps required by federal law and the pre-employment drug testing laws of the state in which the applicant applies. Before taking any action in response to a failed drug test, an employer must review its own drug testing policy and be sure to follow them.

State and local laws may also give employees who fail drug tests certain rights; some laws require employers to provide employees with the opportunity to explain the reason for the test or to consent to a rehabilitation programme before they can take disciplinary action.

Disciplinary action after a failed drug test

Some employers may choose to conduct random or periodic drug testing of employees throughout their employment, while others may test after an accident or when an employee shows signs of substance abuse. The consequences of failing a drug test can include termination of employment, suspension, or the requirement to complete a rehabilitation program. For example, the FMCSA mandates that CDL drivers who fail a drug test receive a suspension until they complete a return-to-duty process under the supervision of a substance abuse professional and test negative on a return-to-duty drug test.

Additionally, federal law, such as the Civil Rights Act of 1964, prohibits employers from choosing people to test based on protected classes like race, religion, or national origin. The Americans with Disabilities Act also prohibits discrimination against job applicants based on prior drug use or participation in a rehabilitation program.

Before taking any disciplinary action, employers should review their own drug testing policies and ensure they are following all applicable laws. Employees who fail drug tests may also have certain rights under state and local laws, such as the right to explain the reason for the test or to consent to a rehabilitation program before disciplinary action is taken.

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