Q. An employee says our drug testing program violates his constitutional rights. What can I tell him to prove that we’re well within the law?
A. You can tell him he doesn’t have constitutional rights at work if you are a private, nongovernment employer.
In Pennsylvania, employers are permitted to require drug testing, although they should make sure that employees’ privacy is respected and that the process is implemented in a reasonable way. It is also lawful to terminate an employee who refuses to take a drug test.
If you decide to adopt that type of policy, be careful to apply it uniformly.
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