Are drug testing programs constitutional? — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

Are drug testing programs constitutional?

Get PDF file

by on
in Hiring,Human Resources

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?

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.

Leave a Comment

Previous post:

Next post: