Those working and using in California should know their drug testing rights. Here’s what you need to know about workplace drug testing in California.
California law does not require employers to drug test their employees unless doing so is necessary to comply with federal law. However, many employers still do drug testing and even require it for employment.
Drug Testing In California
While Californians have an inalienable right to privacy, employees have the right to a reasonable expectation of privacy, which often extends to rights against drug tests.
California courts balance an individual’s right to privacy with an employer’s interest in regulating its employees. Every case and its legal decision differs because of the divergent circumstances that make up the facts of the case. Courts determine whether a drug test violates an employee’s right to privacy by considering several factors, such as the equipment used, duration, and how it is administered.
Keep in mind that special circumstances may make the testing more reasonable. Courts repeatedly uphold the testing of employees after a serious accident. Judges have also been known to be supportive of requiring alcohol or drug testing based on specific objective facts and rational inferences drawn from those facts that indicate drug or alcohol abuse, despite these facts and inferences falling short of clear probable cause.
Can My Employer Drug Test for Marijuana in California?
Employment laws vary by jurisdiction so those seeking specifics should reference their local county’s employment laws. Recreational cannabis use is fully legal throughout California. Even so, employers are allowed to require pre-employment drug tests regardless of the reasons for use. A 2008 ruling, stating that employers are not required to accommodate medical or recreational cannabis use, still stands today.
Related to: Random Drug Testing at Work: California Employee Rights
California Pre-Employment Drug Testing Laws
California drug test laws permit employers to drug test prospective employees. The California Supreme Court ruled in Ross v. RagingWire Telecomms, Inc. that employers may drug test employees for marijuana and terminate their employment if the employee fails the test. These drug tests must also maintain the applicant’s right to privacy, however, California courts ruled that the protection is weaker for pre-employment drug testing on the basis that employers lack the same ability to observe prospective employees as it does their current employees.
Random Workplace Drug Testing In California
The constitutional right to privacy almost universally prohibits random drug testing in California. Employers must give notice to all current and prospective employees before a drug test. However, there is an exception for public jobs with a high degree of responsibility and jobs where public safety is concerned.
Legalities of Employee Drug Testing
California’s drug testing laws vary case by case and are never universally illegal. There are certain practices an employer may conduct which violate employee rights, including but not limited to the following:
- Requiring a particular job applicant to undergo drug testing and not others
- Conducting the drug test in a manner that is unnecessarily intrusive on rights to privacy
- Requiring employees to pay for company-mandated drug tests
- Refusing to make reasonable accommodations for employees in drug or alcohol rehabilitation programs
If an employer violates other rights granted under federal law, individuals can make a claim. An attorney can help determine whether they have a claim under the Americans with Disabilities Act or anti-discrimination laws
Making a Legal Case Against Workplace Drug Testing
California’s drug testing laws depend on the individual’s circumstances. Whether one has a suitable legal claim against their employer for requiring a drug test will depend on how those factors apply to each situation.
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