Random Drug Testing California Law

Can you refuse a pre-employment drug test? In California, an employer may require a drug test as a condition of employment after a job offer is made but before the employee starts working.

Peggy graduated from college and received her first job offer from Pace Electronics in Los Angeles, California. Peggy is excited, but as she moves through the interview process and gets a job offer, she realizes that Pace intends to drug test her before she is hired.

Peggy wonders if this action is legal, but seeing as she has nothing to hide, she goes along with the test. Peggy’s test is negative, and she begins working, excited to finally be part of the workforce.

However, a month into working at Pace, Peggy’s manager tells her that all employees will be tested for drugs again, marijuana included.

Wait a minute, Peggy thinks, is this normal? Are Pace’s actions legal? Also, isn’t marijuana legal in California now?

Peggy has rheumatoid arthritis and sometimes smokes medical marijuana for pain relief. She is both nervous that she may test positive for the drug and concerned that Pace is violating the law in California. The question is: who is right and wrong in this scenario?

What Are California’s Drug Testing Policies?

In California, employers are not required to drug test workers unless the testing is completed to cooperate with federal law.

However, the decision is up to the employer, and many employers still test their employees for drug use. Many California employers see drug testing as a normal condition of employment.

Employers must understand their rights regarding drug testing at work, so they can avoid being tested unnecessarily or illegally.

Is Drug Testing Legal in California?

California’s Constitution provides Californians with the undeniable right to privacy. The courts in the state interpret this provision to mean that employee privacy covers drug testing in some situations.

In California, the state tries to balance a citizen’s right to privacy with the employer’s ability to regulate its workers.

As is evident, the issue of drug testing in California is both complex and highly subjective. All drug testing cases are different, and the court considers each case equally based on several key factors, including:

The equipment used in the drug testing
How the drug testing is given

What Drug Test is Most Common for Pre-Employment in California?

While California law allows companies to drug test workers, the employer also must respect the employee’s right to privacy.

Pre-employment drug testing offers weaker protections because employers cannot observe prospective employees like regular employees.

California workers should know that their employer can test them for marijuana use. Marijuana is legal under California law, but the state’s supreme court allows for marijuana testing and enables businesses to fire employees who test positive if the business wishes to.

Importantly, these marijuana policies hold even if the marijuana is for medical purposes.

The most important thing to remember about pre-employment testing in California is that it is legal for companies to ask prospective employees to take a drug test before the person begins working.

Can Employers Require Drug Testing in California?

Based on workers’ constitutional right to privacy, the court disallows random drug testing. Therefore, most employers have to provide notice that a drug test is imminent for both current and prospective workers.

There is an exception to this policy, however. Public jobs that require a lot of responsibility, or involve a high level of safety, may be permitted to conduct random drug tests.

For example, a window washing company that works on skyscrapers might randomly drug test its workers based on the degree of danger involved with the profession.

Is Employee Drug Testing Illegal in California?

California’s drug testing laws are grounded in facts and experience and are based on multiple factors. Therefore, drug testing cannot be considered completely illegal in any manner. However, employers sometimes take certain actions related to drug tests that violate workers’ rights.

These acts may include:

Holding the test in a way that intrudes upon the rights of employees
Selecting certain employees to be tested and not others
Requiring workers to pay for mandatory drug tests
Ignoring the needs of employees in alcohol or drug rehabilitation

For example, suppose a company repeatedly drug tests one employee and not the other, and the employees have the same roles in the company. In that case, the company’s actions could be found to be unlawful. Additionally, some employers violate their employers’ rights under federal law when it comes to drug tests.

When individuals feel mistreated concerning drug testing at work, they should contact an attorney. Their employers may violate federal anti-discrimination laws, the Americans with Disabilities Act, or legislation.

Is It Possible to Refuse to be Drug Tested?

People often wonder if drug testing, either scheduled or random, is legal and just. Some employees feel drug testing should be required, while others see it as violating their rights.

California’s drug test policies are subjective, meaning they depend on the facts of the individual case. However, some employees have made successful claims against their employers regarding drug tests. For example, an employee could claim that requiring them to take a drug test at a certain time, based on certain events, or without any warning violated their rights.

Why Hire a California Employment Attorney?

Drug tests often become points of contention at the workplace. In California, there are specific policies employers and employees must follow regarding drug tests. At the same time, drug testing in California is a highly subjective issue open to at least some interpretation.

When employees feel they are being mistreated regarding drug testing or taken advantage of, they should not tolerate this behavior. At Nakase Wade, our lawyers will review the case with you, ensure you understand your rights, and help strategize your next move.

Our attorneys are experts in the state and federal guidelines surrounding drug test laws, and we will simplify what a complex issue is. We believe that employees should never be unfairly targeted or persecuted. At Nakase Wade, we will defend your rights from start to finish.

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Can you be randomly drug tested in California?

Is it legal to drug test employees in California?