Is A Pre Employment Drug Test Legal

Pre-Employment Drug Testing Policy Held Unconstitutional. by Ricardo L Gilmore, Esq., and Michael J Roper, Esq.Printed in FAHROgram November/December 2014.

. there’s no precedent within this Circuit which holds the government can violate a person’s legal rights underneath the 4th Amendment as long as prior notice from the impending breach is offered. Accordingly, a legal court finds no good reasons to adopt the excellence between applicants and employees the City has recommended.


Video advice: Pre-Employment drug testing for Marijuana


As Florida public employers, housing authorities should be aware of a recent case regarding the constitutionality of a governmental body’s personnel policy that mandated drug testing for all job applicants. See Voss v. City of Key West, 2014 WL 1883588 (S. D. Fla. May 9, 2014). In our experience, many public housing authorities have a similar policy of testing all job applicants across-the-board, and this new decision warrants a careful review of those common employment practices.


Video advice: DOT Pre-employment drug testing requirements & exceptions


References:

In the workplace, the purpose of a urine drug screen may include pre-employment tests, monitoring during work, postaccident evaluation, and substance abuse treatment monitoring.11,19 Employers who conduct pre-employment urine drug tests will generally make hiring contingent on a negative test result.

“Basic Skills in Interpreting Laboratory Data” by Mary Lee
from Basic Skills in Interpreting Laboratory Data
by Mary Lee
ASHP, 2009

However, other abused drugs, such as barbiturates, benzodiazepines, oxycodone, and propoxyphene, may also be tested for by private employers in pre-employment and workplace drug-testing programs.

“A Health Educator’s Guide to Understanding Drugs of Abuse Testing” by Amitava Dasgupta
from A Health Educator’s Guide to Understanding Drugs of Abuse Testing
by Amitava Dasgupta
Jones & Bartlett Learning, 2009

Some offices may perform drug screening tests for companies as part of pre-employment physical examinations or as a requirement for insurance or government mandates (e.g., the federally mandated testing of transportation workers, after a workplace accident).

“Laboratory and Diagnostic Testing in Ambulatory Care E-Book: A Guide for Health Care Professionals” by Marti Garrels, Carol S. Oatis
from Laboratory and Diagnostic Testing in Ambulatory Care E-Book: A Guide for Health Care Professionals
by Marti Garrels, Carol S. Oatis
Elsevier Health Sciences, 2018

Private sector, nonunion companies are usually allowed to require applicants and/or employees to take drug tests in most states, although some states do limit workplace drug screening.

“Human Resource Management: Functions, Applications, and Skill Development” by Robert N. Lussier, John R. Hendon
from Human Resource Management: Functions, Applications, and Skill Development
by Robert N. Lussier, John R. Hendon
SAGE Publications, 2017

Generally, employers may not use them for pre-employment screening, but they may be used as a condition to hiring after an offer has been made.

“Human Resource Management in Public Service: Paradoxes, Processes, and Problems” by Evan M. Berman, James S. Bowman, Jonathan P. West, Montgomery Van Wart
from Human Resource Management in Public Service: Paradoxes, Processes, and Problems
by Evan M. Berman, James S. Bowman, et. al.
SAGE Publications, 2006

Video advice: Pre-Employment Drug Testing Doesn’t Mean Employees Are Drug-Free


Add comment

Your email address will not be published. Required fields are marked *