Employers must recognize that drug testing has its legal limits, which legislators, judges and lawyers have also recognized. Keep in mind that drug testing can be intrusive since it will reveal current drug use as well as the use of legal and illegal drugs by the concerned employee during company hours.
It also requires the surrender of bodily fluids, such as urine and blood, oftentimes under close supervision so the intrusive factor is increased.
State and federal laws are then in place to limit why, when, and how drug testing can be conducted by the employers on their employees, both prospective and present. In general, present employees have the benefit of greater rights than prospective employees because the former can lose his job while the latter only loses the opportunity to land a job.
It must be emphasized that under federal law, prospective employers cannot force applicants to undergo a drug test. But it should be noted that prospective employers can generally require applicants to take a drug test as a condition for employment albeit within the boundaries of the law. If you refuse as a shortlisted applicant, you may as well say goodbye to your employment.
In most cases, the following legal limits apply.
- Disability discrimination claims. If you are taking medications for your disability, you are protected from discriminatory practices under the Americans with Disabilities Act. Your medications may turn up on the drug test or may be considered illegal, such as for opiates, but are legally prescribed for your condition.
- Other discrimination claims. If you and other employees have been selected for drug testing based on race or disability, then you can file a discrimination claim.
- Invasion of privacy. Even when a drug testing is allowed, you may also file for a violation of privacy when the tests are being conducted. For example, you may cry foul at being directed to disrobe or take your urine sample with somebody closely monitoring your every move.
You, as the present or future employee, should be well-versed about the appropriate rules and regulations regarding drug testing in your company.
Employers who want the best in drug testing procedures should ask for the services of Healthpointe. In our Healthpointe Long Beach clinic, for example, we ask the employer about compliance with the applicable rules and regulations about its drug testing policy and process before implementing the drug testing activity.
For more information on Healthpointe’s drug testing services please call (888) 824-5580 or visit www.Healthpointe.net
Healthpointe is a leading multidisciplinary healthcare organization offering a full range of medical services in practice locations throughout Southern California (Los Angeles County, Orange County, San Bernardino County, and Riverside County). Healthpointe has locations situated in over 10 cities in Southern California including Long Beach, which is conveniently located near Signal Hill, Carson, Seal Beach, Lakewood, Bellflower, Compton, Hawaiian Gardens, and Los Alamitos. As a highly regarded musculoskeletal group, we have a personal investment in the highest level of service, and we are proud of our record of excellence over the last four decades with private patients, injured workers, urgent care, personal injuries, and professional and non-professional athletes. Leading our organization is a dynamic team of healthcare professionals who continually strive to be at the forefront of medical innovation and healthcare service delivery. For more information, a complete list of services, and Healthpointe locations, visit www.Healthpointe.net