More and more public and private employers are requiring their potential employees to take a pre-employment drug test. Yet, once officially hired they can still ask you to take additional tests without prior notification. For the most part looking to find traces of different types of drugs and/or alcohol in your system. But this testing is seen as illegal in most US states. Here is some information regarding those which can be utilized by employers.
The United States Supreme Court Drug Testing Laws:
According to the U.S. Supreme Court, both urine and blood testings are harmless procedures for potential job candidates and present employees to participate in. As long as it is administered in a professional environment such as a physician's office which is designated by the employer. If performed in front of others may be considered an (Invasion of Privacy) unless seen fit. To make things a bit more bearable; the person being drug tested can have a witness of the same sex.
Federal Drug Testing Laws:
In 1988 the Federal Government passed the Drug-Free Workplace Act. It basically gives an employer permission to order a drug test if use is suspected. This Act was put into place to protect federal funds and grants for the place of business.
Other Federal Law Acts include the (Americans With Disabilities Act) helping to protect those considered disabled due to alcoholism.
State Drug Testing Laws:
There are in place for each individual state regarding drug tests in the workplace. For instance, drug testing in Alaska is not required but can be conducted voluntarily by an employee.
Most U.S. state employers are within their own personal rights to ask for drug and/or alcohol testing as part of the hiring process. That is, as long as the future employee knows prior to being interviewed. These cannot be performed unless the job applicant is officially offered a position with the company.
Different Types of Drug Tests:
Employers can face legalities when they decide to drug test specific individual applicants. This protects other potential employees from being chosen over others for testing. Every job applicant is to be treated justly and in a similar fashion; regardless of their appearance or personal demeanor.
Many states are limited to specific types of drug testing. Most of which include blood, hair follicles, urine, and breath. The latest and most accurate of them all is the hair follicle test; detecting anything within the bloodstream for the past 90 days. Whereas a general urine drug test is accurate for up to 5 days.
Should an employer ask for a sudden drug test without any notification to the applicant, they could face some serious legal disputes. Such as, covertly acquiring strands of hair from the party unbeknownst to them. After that if you want about details for more info click here.