Nevada drug testing locations
Nevada drug testing laws
Nevada state has no laws or statutes regulating or restricting drug testing in the private sector. The implementation of a drug testing program in the private workplace is solely based on the employers’ discretion. The federal law generally takes no stand on whether employers can request their employees submit to a drug test or not. However, the federal government requires that employees in safety-related industries such as transportation, aviation, and those in the Department of Defense submit to drug testing as part of a safety measure initiative.
After making an offer of appointment, an employer may request that an applicant be subjected to a drug test as part of the job application process. The National Institute of Drug Abuse estimates that nearly 66% of people seeking employment have used an illegal drug at one time or another. Currently, the basic drug test in Nevada is to test for Methamphetamine, PCP, cocaine, marijuana and opiates through the urinalysis method. Hair or saliva samples can also be used to test for these drugs.
In addition, it has been estimated that Nevada loses more than $96 million annually as a result of the use of drugs or alcohol in the workplace. Because Nevada does not regulate drug testing, many employers in the private sector are reluctant to require their employees submit to a drug test. One reason is that drug testing is sometimes seen as a breach of employee rights, although it is not.
Although it is true that employers in Nevada can require that their employees submit to a drug testing program at their own discretion, they should seek legal expertise so that it complies with all federal, state, and local laws. The Nevada Fair Employment Practices Act is applicable to private employers having 15 or more workers for each working day in each of 20 or more calendar weeks in the current or preceding calendar year and proscribes employment practices that discriminate based on certain classifications, including disability. Alcoholism can fall under this category, although illegal drug use does not. Nevada is regarded as a “right to work” state, which implies that employees in Nevada are working at their own will; therefore, an employee can either submit to drug testing if an employer requests him or her to do so or quit the position.
Nevada labor discrimination law
It is the policy of the state of Nevada that employee recruitment, appointment, assignment, training, compensation and promotion occur on the basis of merit and without regard to race, color, gender, gender identity or expression, sexual orientation, religion, national origin, age, pregnancy, genetic information, domestic partnership, or disability. Employers in Nevada are strictly disallowed to engage in any job application process, hiring, firing, promotion schedule, compensation, and training that could discriminate against an individual with a disability as long as such an individual is qualified.
Nevada statutes define disability as “any physical or mental impairment that limits one or more of an individual’s major life activities, a record of such an impairment, and being regarded as having such an impairment,” hence the use of alcohol or drugs can be technically regarded as a disability under certain circumstances. The safer practice is for employers to submit all employees to drug testing rather than target a group of people to avoid liability and discrimination claims.
An employee or potential employee is regarded as “qualified” to be employed, regardless of his or her disability, if the employee or potential employee is able to perform the essential functions required by the job with or without reasonable accommodation.
Types of discrimination
Apart from discrimination against disability, other types of discrimination in the workplace include: discrimination due to gender, race, pregnancy, sexual orientation, and age. In fact, individuals aged 40 years and above are protected from employment discrimination by Nevada state law.
Nevada law not only protects employees and applicants from racial discrimination, but also prohibits employment decisions based on stereotypes and assumptions based on liabilities, traits or the achievement of individuals of a certain race. Furthermore, denial of equal employment opportunity due to marriage or a relationship with a person of another race is prohibited.
Employers are mandated by Nevada law not to refuse hiring of a woman because of a pregnancy-related condition, so long as she is capable of performing the essential functions of the job. In the event that the employee is temporarily unable to perform the job due to pregnancy, the employer must treat her the same way as any other temporarily disabled worker. A job must be held open by the employer for a pregnancy-related absence for the equal length of time it is held for an employee on sick or disability leave.
Nevada medical marijuana
Nevada state enacted a law which legalizes the use of medical marijuana. The law, which become effective on January 1, 2017, was cited as the Regulation and Taxation of Marijuana Act. However, the law does not demand that employers should accommodate the use of medical marijuana in the workplace. Employers have no obligation to allow employees to use medical marijuana. Employers may ban possession and use of medical marijuana while at work, and they are permitted to sanction any employee who is found to be under the influence of marijuana while at work.
Furthermore, possession and the use of marijuana still remains illegal for all purposes under federal law, as marijuana remains a Schedule 1 substance under the Controlled Substance Act.
Drug-free workplace policy
There are no statutory laws regulating drug-free workplace policies in Nevada. It is therefore important that the employers are fully aware of the following guidelines in maintaining a drug-free workplace policy:
- Employers should publish and educate employees on the organization’s drug-free workplace policy.
- Employers are permitted to carry out workplace drug testing under limited circumstances such as upon conditional offer of employment, after an accident, when there is a reasonable suspicion of impairment, or after returning to duty from a substance abuse program.