Can a federal employee be drug tested in California?
Employee Drug Testing – Federal and California Law. Although the Act only applies to federal employees, many state and local governments followed suit and adopted similar programs under state laws and drug-free workplace programs. The United States Constitution does not prohibit drug testing of employees.
Is it legal to test for drugs in the workplace?
Although state laws vary, in most states, it is legal to test employees for drugs following a workplace accident.
When do you have to take a drug test in California?
Pre-Employment Testing. California law allows an employer to require a “suspicionless” drug test as a condition of employment after a job offer is tendered but before the employee begins working. Routine or Random Drug Testing. You may not require employees to submit to random drug testing, except under certain narrowly defined circumstances.
Can you deny employment based on drug test results?
However, under certain circumstances, the denial of employment or the denial of continued employment based on drug test results may invoke “due process” considerations, such as the validity of the test results, the employee’s right to respond, or any required notice to an employee.
Can a company do a drug test on an employee?
Employers are typically free to routinely drug test applicants after making a conditional offer of employment. However, in some states, employers are not allowed to conduct routine or random drug testing of employees who are already working for the company. Instead, the employer needs a reason to test a specific employee, such as:
Can you get a drug test in California?
Although drug testing of employees is allowed in California, it may be justified only in very limited and strictly defined circumstances. California law allows an employer to require a “suspicionless” drug test as a condition of employment after a job offer is tendered but before the employee begins working.
Can a California employer still test for marijuana?
He was speaking at the California State Council of the Society for Human Resource Management (CalSHRM) 2018 California State Legislative & HR Conference in Sacramento. California provides a constitutional right to privacy—which restricts employers from monitoring off-duty conduct.
Can a person be fired for a drug test?
The rules above assume that the employee tested positive for marijuana on a legally administered drug test. If the drug test itself violated the law, the employee cannot be fired based on the results. While federal law does not place restrictions on drug testing, the laws of many states do.