Job Applicant Testing FAQ
Q : May an employer require applicants or employees to undergo drug screening tests?
A :
There is no federal law that prohibits the use of drug screening tests. Several states, however, have placed certain restrictions on the use of drug testing. Iowa and Rhode Island, for example, require employers to have probable cause before they can test employees. Other states, such as Minnesota and North Carolina, have established guidelines that must be followed in administering drug tests.
Moreover, the method used by an employer in administering a drug test (such as direct observation of urination) could be considered outrageous and make the employer liable under tort law for invasion of privacy or intentional infliction of emotional distress.
Drug Testing Requirements for Certain Occupations | The U.S. Department of Transportation (DOT) has issued regulations requiring drug testing of railroad employees and motor carriers who operate commercial motor vehicles in interstate commerce. Testing occurs in certain circumstances, such as pre-employment, periodically and for reasonable cause. The U.S. Federal Aviation Administration (FAA) has also issued drug-testing regulations, similar to those issued by the DOT, covering airline flight personnel. The Drug-Free Workplace Act, while not requiring drug testing, does require all federal contractors with contracts worth at least $25,000 or more, to establish a drug-free awareness program and communicate the program to all its employees. Some states also impose drug-testing requirements for certain jobs--mainly jobs in the transportation industry.
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Drug Testing and the Constitution | The Fourth Amendment of the U.S. Constitution prohibits the government from engaging in unreasonable searches and seizures. This restriction acts as a limit on a public sector employer's ability to use a drug test on its employees. Generally speaking, courts have been reluctant to allow public sector employers to engage in random drug tests; they generally require the employer to show some reasonable suspicion of drug use, or some compelling evidence showing that public safety would be jeopardized if the employee used drugs.
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Family Legal Guide
Copyright © 2000, 2002 American Bar Association
