California pre-employment drug testing laws balance employer needs with employee privacy, with special rules for cannabis use and fairness. Covers rules on suspicionless testing, reasonable suspicion screening, public versus private employers, and drug-free workplace policies.
By Brad Nakase, Attorney
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California permits drug testing of employees, but only under very specific and limited situations can it be justified. The framework of pre-employment drug testing laws in California ensures that this balance is upheld.
California’s alcohol & drug testing regulations strike a compromise between the rights of employees to privacy and the needs of employers.
Following a job offer but ahead of the employee starting work, pre-employment drug testing laws in California permit an employer to demand a “suspicion-less” test for drugs. However, when it involves marijuana and cannabis, pre-employment testing is more difficult. It is illegal in California to discriminate against job candidates and employees based on their off-duty, personal cannabis use. Preemployment testing by employers is still permitted, but it must be done with reliable tests that exclusively check for cannabis’ psychotropic ingredients.
Employees may not be required to consent to random testing for drugs unless there are specific, limited conditions.
Based on certain objective facts and logical conclusions that may be made from that data that point to abuse of drugs or alcohol, the courts have typically supported the requirement of drug or alcohol testing in the workplace. Under pre-employment drug testing laws in California, this evidence and deductions, though, might not be sufficient to establish clear probable cause. Following a serious accident, the courts have approved the testing of employees.
According to a ruling by the California Supreme Court, public organizations are permitted to require pre-employment screening for drugs, but are not permitted to test current staff members who are looking for promotions.
However, in the aforementioned instance, the court also took into account the state Constitution’s right to privacy and drug testing while rendering its ruling, which would be binding to private businesses.
A local ordinance about drug testing of employees was passed in San Francisco. Before hiring San Francisco staff to test for drugs, you might want to speak with legal counsel.
Employers and operators involved in commercial transportation are subject to stringent rules for alcohol and drug testing under federal and state legislation. Significant fines may be imposed on employers and private operators for breaking these rules. This is one of the few areas where pre-employment drug testing laws in California overlap heavily with federal mandates.
Those who presently abuse drugs or alcohol are not protected by the California Fair Employment and Housing Act or the federal Americans with Disabilities Act. These regulations do, however, provide protection to those who have successfully recovered from alcohol or drug misuse, either through an independent program or a monitored program, and who are no longer abusing alcohol or illegal drugs.
Any employee who offers to enroll in an alcohol or drug rehabilitation program must be given appropriate accommodations if you have more than twenty-five employees, so long as doing so does not place an unreasonable burden on your company.
You may decide to add a drug-free workplace clause in the manual for workers or develop a policy for your workplace, regardless of whether your staff members are subject to state or government drug-free workplace laws. Adults 21 years of age and older are now permitted to use marijuana recreationally. Medical marijuana use is also permitted in California (a doctor’s note is mandatory)
The employers in California can continue to enforce their drug-free workplace policy, which prohibits marijuana, although it is now legal to use both medically and recreationally. A policy of a drug-free work environment based on a set of rules can assist you in ensuring fairness, transparency, and consistency in your policy.
California’s Drug-free Workplace Act (1990) mandates that you certify that you offer a drug-free workplace if you enter into an agreement with the state or get grants from it. Companies must follow pre-employment drug testing laws in California. They can protect themselves from liability while fostering fair workplace practices.
You are required to abide by the guidelines of the Drug-Free Workplace Act (1988) if you accept any government grants or enter into a government agreement for the purchase of goods or services priced at $100,000 or more.
A minimum of three theories of wrongful termination have been developed by California courts. These arguments can serve as the foundation for claims brought by workers who were fired for refusing to cooperate with drug testing.
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