Pre-employment drug testing has become a pretty common part of the modern hiring process. Many companies use drug tests to screen out potentially poor or dangerous employees. However, when performing these types of tests, employers must make sure that they are conducting them properly and legally. Businesses must follow drug testing laws when recruiting potential employees or face serious consequences.

Discriminatory Drug Testing

First, as with any type of employment-related testing or application, drug testing cannot be discriminatory. A company cannot cherry-pick to whom they decide to give a pre-employment drug test, as this can appear discriminatory. Discrimination can be based on several factors, whether it be race, gender, age, disability, or more. If one or two applicants are going to be tested, then all applicants must be drug tested. Employers who do not follow this rule could potentially be subject to investigations, fines, or even a lawsuit from those who have been discriminated against. 

Informing the Applicant of a Pre-Employment Drug Test

One of the most important steps in a drug test for pre-employment is informing the applicant that a drug test is part of the hiring process and employment. Otherwise, it is illegal to drug test employees. Companies must inform the applicants so that they can accept the test or back out of the process. If not, the employer may end up in legal trouble or face serious fines for not following drug testing laws. 

Drug Testing on Site

Drug testing on site is often easier than sending the person to a lab and hoping they get their test promptly. While drug testing on site is appealing to many employers, the employer must ensure that it is legal in the area. Certain state or local laws may prohibit on-site testing, so check your local laws. 

Marijuana Use Outside of Work

Marijuana use is a much different topic than it was many years ago. Since several states have now legalized marijuana, drug testing is more complex. People who use marijuana outside of work may be protected legally, although using it at work is still a safety risk. Certain states have passed job protections for people who use marijuana outside of work. It is critical to look into the state law regarding adverse action against those who use recreational marijuana. Not doing so could land a company in hot water with fines or potential lawsuits. 

Legal Consultation

There is more to drug testing laws than the information above and companies need to know all of the details. If a company is uninformed or unsure about certain parts of drug testing laws, then they should research them or seek legal consultation. This way, the employer can ensure that their drug testing policy is legal and in line with regulations to avoid potential consequences. 

Looking for Accurate Pre-Employment Drug Screening?

Soteria Screening Services is here to help provide accurate drug testing services for your company. We offer 5 and 10-panel tests for DOT and non-DOT-related jobs. Call us today at 202-679-6670 with any questions that you may have regarding our testing services. 

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