Pre employment drug screening

[kmcarr]

Are there any cases/cites for pre-employment drug screening. Is this an invasion of privacy. Drug laws are for the posession or distribution of Illegal Drugs,right? Use is not illegal. A company should not be allowed to compel a man to submit a urine sample to see if there are illegal drugs in his system. Its like a pre employment drug test to check a mans blood type or for infectious diseases, both of which cant be done for insurance reasons. Now if I am involved in an accident at work then I could be compelled to submit a drug test to dispell liability of the company in any injuries sustained. It is discrimination to not employ a person on the basis of failure to submit to a drug test. Just like a company couldnt fail to hire me if I had an infectious disease. Comments. what are the other issues here?

[AndyK]

Originally Posted by kmcarr

Are there any cases/cites for pre-employment drug screening. Is this an invasion of privacy. Drug laws are for the posession or distribution of Illegal Drugs,right? Use is not illegal. A company should not be allowed to compel a man to submit a urine sample to see if there are illegal drugs in his system. Its like a pre employment drug test to check a mans blood type or for infectious diseases, both of which cant be done for insurance reasons. Now if I am involved in an accident at work then I could be compelled to submit a drug test to dispell liability of the company in any injuries sustained. It is discrimination to not employ a person on the basis of failure to submit to a drug test. Just like a company couldnt fail to hire me if I had an infectious disease. Comments. what are the other issues here?

Employment at will.

Almost any private-sector company is free to set any non-discriminatory requirements for people to meet before the company hires them.

A company is permitted to require a clean drug screen as a condition before offering employment AND clean screens at scheduled or random intervals during employment as a condition for keeping the job.

They are making an offer with particular terms attached to it -- like a contract. You are free to accept the offer as stated, walk away, or try to negotiate other conditions.

What the company is doing is neither illegal nor discriminatory.

[Livefire]

Your particular state's statutes define the terms, but many of them are "at will" agreements as Andy stated in which case they can make arbitrary requirements that dont violate equal opportunity laws and other such things.

[kmcarr]

Originally Posted by Livefire

Your particular state's statutes define the terms, but many of them are "at will" agreements as Andy stated in which case they can make arbitrary requirements that dont violate equal opportunity laws and other such things.

Unless someone brings the arguement or case before a court. I am asking has anyone brought a case that says pre-employment screening violate discrimination or privacy laws? That you are aware of. I comprehend the idea that if you want the job you must do as the company says but we all know that, that isnt always true. People bring harassment lawsuits, discrimination lawsuits against companies all the time. Yea I personally have no problem with walking away from potential employment.

[AndyK]

Originally Posted by kmcarr

Unless someone brings the arguement or case before a court. I am asking has anyone brought a case that says pre-employment screening violate discrimination or privacy laws? That you are aware of. I comprehend the idea that if you want the job you must do as the company says but we all know that, that isnt always true. People bring harassment lawsuits, discrimination lawsuits against companies all the time. Yea I personally have no problem with walking away from potential employment.

Someone recently lost a drug-related employment case.

He was using medically-prescribed marijuanna (SP?) and was fired for failing (DUH!) the drug test.

The court held that the company has the right to enforce its drug policy, prescription or not.

You have two choices: stop using or go to work for someone who doesn't care.