Federal Law
Federal law generally does not prohibit the practice of testing employees for drugs or alcohol. However, there are several states that restrict an employer's ability to randomly test employees who are not in safety-sensitive positions. Thus, it is very important that employers familiarize themselves with the various state laws that may apply to their organizations before implementing a drug-testing program.
Under certain circumstances, someone with a history of alcoholism or drug addiction may be considered a qualified individual with a disability under the federal Americans with Disabilities Act (ADA) or applicable state disability discrimination laws. The ADA, which generally applies to employers with 15 or more employees, specifically permits employers to prohibit the use of alcohol or the illegal use of drugs in the workplace. It also permits employers to require that employees not be under the influence of alcohol or the illegal use of drugs in the workplace.
The federal Drug-Free Workplace Act of 1988 requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a federal agency. While drug testing is not required under the Drug-Free Workplace Act of 1988, organizations covered by the law are required to take certain steps to provide a drug-free workplace.