Can my employer make me take a drug test?

There is nothing under federal law that prohibits employers from requiring job applicants or employees to pass a drug test as a condition of employment. Many states, however, have limitations on when and how drug tests can be performed. To see if your state has laws regarding drug testing in employment, please visit this website, http://www.nolo.com/legal-encyclopedia/testing-work, and select your state.

One federal law that might apply to your drug test is the federal Fair Credit Reporting Act.

If the drug test comes from directly from a lab, then the drug test is probably not covered by the statute. However, if your employer hires a background check company to facilitate the drug test, and the results of the drug test are included in a report that the background check company sends to your employer, then the report may be covered by the Fair Credit Reporting Act. If the drug test is covered by the Fair Credit Reporting Act, then you have federal rights to receive a copy of any report that is used against you, and to challenge the results of any drug test.

If you have had issues with drug tests at work, our law firm may be able to help. Please contact use today.


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