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.
- Brace Against Rising Tide of Age-Bias Lawsuits in Florida
- Federal laws on employee discrimination: what managers need to know
- Make sure you retain all applicant information
- Beware asking applicants about medical histories before making job offer
- Use 'no-reapplication' clause to settle discrimination cases once and for all