Random Drug Tests & Your Rights

A close up of some medical vials with other lab equipment out of focus in the background

In workplaces across the US, random drug tests have become increasingly common since the late 1980s when employers were required by federal laws to have drug testing policies in their employee guidelines. What rights do employees have when it comes to random drug testing? Are random drug tests legal? Do you have the right to be informed about an upcoming drug test or can you be tested without warning? If you have questions about workers' rights or other employment-related concerns, your attorney through our Legal Protection Plans for Individuals & Families will be able to give you personalized advice and assistance for your specific situation. Learn more about our Subscription Plans and read on for more info about randomized drug testing.

Random drug testing is unannounced, randomized testing of employees to see if they test positive for illicit substances. These are commonly conducted using urine analysis tests that can detect traces of illegal drugs and other substances for some time after the drug use occurred and long after the effects have worn off. Federal law states that employers have the right to drug test employees, but some states also have laws governing how random drug tests are to be conducted, so it is important for employees to know the laws of their state in regards to random drug tests.

The first question people generally ask is, "Can I refuse a random drug test from my employer?" And the most basic answer to that question is no. If your employer has a published policy in place requiring random drug tests, you will have to comply or risk punishment, up to and including being fired from your job. You may be able to get a medical exception from your doctor if you have a disability that prevents you from taking urine tests or if your state has laws that prohibit random drug tests. However, whenever you refuse a drug test from your employer, you do risk disciplinary action, which may include termination.

The second question people typically ask is, "Is it legal for my employer to require me to take a random drug test?" As long as they follow local, state, and federal rules and procedures, employers have the right to test employees for drugs. These rules essentially say that the testing must be conducted in an impartial and fair manner and that all employees have an equal chance of being selected for each random test. No employee should be chosen for testing more than once. Company policies regarding random drug tests need to be clearly outlined in employee handbooks or other employment materials given to employees.

The next question people ask is generally, "Can I contest the results of drug test?" The answer is yes. If you test positive but haven't taken any illicit substances, you should immediately ask to take another test, as you may have gotten a false positive. Nearly all employers will be happy to test you again. If your employer refuses to test you again, taking another test from an outside firm or medical facility usually won't do you any good, as employers are not required to accept those results and can still fire you. If you receive a false positive drug analysis test, you should call your attorney immediately. Depending on the circumstances of your particular case, the state you live in, and other factors, you may have a case for appealing any disciplinary action from your employer, whether that be probation, being laid off, or being terminated.

If you have been punished or fired from your position due to random drug testing, an employment law attorney may be able to help you file an appeal or a wrongful termination suit, depending on the circumstances in your case. Your attorney through our Legal Protection Plans for Individuals & Families will be able to give you advice and help you understand your rights as they pertain to your specific case. Learn more about all the benefits of membership or sign up today!