Drug Testing
The following is excerpted from The Court TV Cradle-to-Grave Legal Survival Guide, an easy-to-read, in-depth explanation of the law as it affects all aspects of daily life. You can order the book, published by Little, Brown and Company, from our online store. It also is available in local bookstores, or you can call Little, Brown directly at (800) 333-3476.
Can employees be required to take drug tests?
Yes, but there are restrictions. Federal laws allow people in certain jobs, such as airline pilots, long-distance drivers, and transit workers, to be tested at random as a condition of their employment. That means the boss can walk in at any time and demand a specimen, and the worker can be fired for insubordination if he or she refuses.In many jurisdictions, people in other jobs where safety is a factor, including firefighters and prison guards, can be tested only if the employer has a "reasonable basis" to believe the worker's performance has been impaired by drugs -- they are involved in a workplace accident or are exhibiting violent behavior, for example.
Beyond the people in these jobs, an employer who requires a drug test runs the risk in some states of violating a worker's right to privacy. And there are strict guidelines in some states as to when and how people can be tested. For instance, an employer must give reasonable notice to the worker before the test is administered, although if the employee was involved in an accident, the test can be administered right away. The employer must also have an established procedure that ensures that each specimen is handled properly. The employer must have a written policy that outlines the guidelines.
An employer should use caution when asking an employee to take a drug test, because in many jurisdictions the employee can turn around and sue for invasion of privacy or wrongful discharge if the testing isn't handled properly.
Can any employee be required to take a lie detector test?
No. Under the federal Employee Polygraph Protection Act of 1988, only an employee who is reasonably suspected of involvement in an incident at work that resulted in economic loss or other harm to the employer's business can be tested. In this case, the investigator must narrow down the suspects. He can't just test everyone who has access to the stolen materials. He must have some other evidence that causes him to believe a particular person may have stolen the items.
