Last updated : December 23, 2024
Almost everyone has at least a nodding acquaintance with the Fourth Amendment to the Constitution, right? The one that prohibits unreasonable search and seizure? More than likely, that amendment is the ace you may be tempted to pull out of your sleeve if and when you object to drug testing for employment.
Ah, but here’s the rub: The Fourth Amendment was designed to protect Americans against government search and seizure for no reason; it simply doesn’t apply to employers. On the contrary, employers requiring a drug test for new or continuing employment are totally within their rights. Let’s face it, employers have a lot to lose here. Studies have shown drug use by employees carries all kinds of liability involving the risk of damage, injury, loss of productivity and revenue … and more.
Plus, some industries are legally obligated to test potential and current employees for drug use. If safety is an issue and the industry is regulated by a federal agency, for instance, testing is required. When you’re talking pilots, truck drivers, members of Coast Guard, teachers and similar lines of work, knowing employees are drug-free is in all our best interests.
It might help you understand if you think of drug testing as a kind of private contract between you and the company, one you’re always free to refuse. Of course, you’ll have to find work elsewhere if you give testing a thumbs down.
But while both states and the federal government agree employer drug testing is legit, they do admit that, because the testing process can be intrusive there are some privacy concerns. That’s why state and federal laws limit when, how, even if drug testing can be done.
Here are a few points to keep in mind:
- People with disabilities are often prescribed drugs that show up on the test. Can they be refused employment because of those test results? The law—specifically, the Americans with Disabilities Act—says, “No way.”
- Also not allowed: Singling out one group for testing, based on race or disability or whatever. Doing that could result in a successful discrimination claim.
- How about marijuana? That’s going to show up on a test for sure, even if you don’t use it regularly or haven’t used it lately. (Drug testing shows both current and past use, even of legal drugs.) If you live in a state where marijuana’s been legalized, or you take it for medical reasons, do you get a pass? So far it looks like … afraid not. States may have legalized marijuana in a criminal sense, but employers still have the right to refuse or terminate employment based on its use, even if that use is medical.
- Different states handle drug testing by employers, well, differently. In some states, you have to have an offer of employment before drug testing can be required. In others, employers have to include the drug testing requirement in the job posting (If you want to know the ins and outs of drug testing in your state, check with your state labor department).
Not all employers require testing, but more and more do. Last year more than 84% of employers surveyed required drug tests. Some companies are even willing offer incentives: drug testing in exchange for lower workman’s compensation insurance premiums, for example. Bottom line and employment-wise, it pays to stay clean and be informed.
