Drug testing during hiring procedures and interviews has become more popular these days. An increasing number of employers have started testing prospective employees. Those who are already working for the organization might have to go through these tests regularly. The United States law is complicated when it comes to drug testing of prospective employees.
There have been Supreme Court rulings in the past which maintain that taking blood or urine samples is not invasive and can be conducted easily. If the testing takes place in a professional environment without any invasion of privacy, the employer may conduct the tests. However, if there is any fear that the applicant might tamper with the sample, there may be another person present during the procedure.
Furthermore, the Drug Free Workplace Act of 1988 states that employers who receive federal funding must be free of drugs. But the act does not ask the employer to start testing their prospective employees for use of drugs. There are several others laws that discuss the issue of drug use by employees at the workplace or outside it. States have their own statutes to deal with drug testing laws and procedures. Several states have given employers the authority to conduct drug testing during the interview, provided that the applicants are informed about the tests before hand.
If you have been part of a drug testing procedure while hiring, it may be helpful to contact an employment attorney and inquire about your rights. If the testing was illegal, your attorney might be able to file a claim for compensation.
