Drug Testing in the Workplace

Many employers require prospective employees to be drug tested before they are hired. Many businesses also periodically test their employees in an effort to keep drug use to a minimum. If you are looking for a new job, you should expect to be drug tested before being hired, as it is a relatively standard practice. Even though many companies do it, it is important to know when being drug tested is allowed and under what circumstances it could be discriminatory.

The most basic rule regarding drug testing is that all employees, and potential employees, must be treated the same. It is unlawful to require drug tests from only some members of an applicant group and not all.

Policies vary from state to state, but in many places it is unlawful to require a drug test of a potential employee without offering them a position first. It is illegal to drug test and then decide if you want to give them a position.

It is also illegal to test without the employee’s knowledge. Consent must be given for a urine or blood test, but employers could pick up a stray hair from an employee without their knowledge or consent; this is not allowed. Employers are also forbidden from forcing anyone to give a urine sample in front of a group or a person of the opposite sex.

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Drug testing is a standard practice that should be expected, but it is important to know your rights in these situations. For more information, or if you feel that you have been tested wrongly, contact the Austin drug test attorneys of Melton & Kumler at 512-330-0017 today for a consultation.