Q. I have an employee who says that our drug-testing program is a violation of his constitutional rights. What can I tell him (or show him) to prove that we’re well within the law? —S.H., Texas
A. Unless you are a government unit, employees have no constitutional right to freedom from drug testing. However, you must be careful that any drug testing you perform is for a legitimate business reason and doesn’t single out a protected class of employees. Your testing program should also comply with ADA rules.
Plus, check your state law on drug testing. Some states set tighter restrictions.
A good source of information is the U.S. Labor Department’s Web site that promotes a drug-free workplace: www.dol.gov/workingpartners.
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