Federal law neither requires or prohibits workplace drug testing, leaving state and local law makers to regulate the matter. The state of Virginia follows suit with federal law, allowing workplaces to drug test their employees if they choose to do so, but not requiring it.

Today we’ll take a look at this important topic and help you to determine if your workplace is using drug testing services in a way that complies with the law.

Legal Claims for Drug Testing

Many employers choose to drug test even if they are not legally required to do so. Why? Some do it because they get a discount on Worker’s Compensation insurance if they establish a drug-free work place. Other employers drug test to try to keep productivity high, as drug use is a major drain on the success of businesses. In fact, at last estimate, the yearly cost of drug use in lost productivity is around $120 billion in the United States.

While there are significant advantages to drug testing employees, there are also some limitations with respect to drug testing that every employer should be aware of.

Invasion of Privacy

If the drug test is conducted in a way that might be construed as violating employee privacy, it can cause legal trouble for employers. If the drug test is deemed to be overly invasive or if the employee finds it to be humiliating, the test may be deemed an invasion of privacy. If, for example, the employee is asked to remove his or her clothing to conduct the drug test, this could be condemned as an invasion of privacy. Because of this risk, smart employers utilize reliable testing services.

Discrimination

If it can be proven that an employer is only testing a certain group of employees, the employer might risk legal repercussions. So if an employer drug tests only female employees or only employees with a particular ethnic background, this could be construed as discrimination. Similarly, if a particular employee feels that he is being singled out for random drug testing too often, he could make a case for discrimination. That’s why conducting truly random drug testing with an experienced drug testing lab is so crucial.

Disability Discrimination

Another legal issue to keep in mind when testing employees is the possibility of an accusation of disability discrimination. Employees may be taking a prescribed drug for a medical condition that could result in a positive drug test. An applicant who is denied employment because they fail a drug test when taking a prescribed medication is protected by the Americans with Disabilities Act. This could result in legal trouble for an employer who is using inexperienced testing services.

Let Us Help Keep Your Drug Testing Legal

If you’re looking for ways to protect your business and employees from the dangers of drug use, drug testing at ARCpoint Labs of Salem is an excellent resource. We provide a variety of drug-free workplace services including drug policy development, insurance discount consulting, testing services (including on site testing), training and education programs, and reporting services. We offer a variety of drug tests, including sweat patch drug testing to help you monitor your employees. We are well-versed in the legal nuances involved in drug testing, so when you work with us, we can help to keep your drug testing within the bounds of the law.

To learn more about our drug testing services, call (540) 404-1204 today or contact ARCpoint Labs of Salem online.