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2. What are the legislative and court restrictions on employer drug testing in both the private...

2. What are the legislative and court restrictions on employer drug testing in both the private and public sectors?

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What are the legislative and court restrictions on employer drug testing in both the private and the public sector?

As we learned, the United States companies can legally test workers for drugs. But certain restrictions apply. In the private sector, drug testing is largely regulated by individual states. Pro-drug testing states generally permit testing but must adhere to strict testing procedures that are to be followed. States like these will offer employers a discount on their workman’s compensation insurance premiums if they can take certain steps to maintain a drug -free workplace, which can include testing job applicants. But states that have restrictive drug testing laws generally will prohibit testing for drugs except for very specific circumstances and for drugs listed in state regulations. Also, Federal regulations and laws restrict drug testing as well. The EEOC does not allow job applicants to be tested before they are extended offers. The ADA protects employees who have been addicted to drugs and are recovering from them. Some drugs such as opiates and marijuana normally considered illegal, can be legitimately prescribed for certain conditions.


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