Drug Tests?

Can you ask a potential employee if they are able to pass the drug screen before they go to take the test? Some would give an honest answer and we could save the money on the unnecessary drug test.

Posted 09-09-2013

Steve Duggan replies:

I would recommend against such a question. There is too much risk that a manager would be asking an employee questions about private and medical matters, and therefore invading their privacy. Employees aren’t going to know what drugs are screened for, or whether some perfectly legal actions might or might not affect the results. And, there is no way they should be educated in such matters. A drug testing program is designed to maximize the randomness of selection, both to avoid any implication that testing is targeted to certain individuals, and to be effective in preventing drug use altogether.

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About the Author:

Steve Duggan graduated from the Law School at the University of Notre Dame while on active duty in the Air Force. He has extensive experience representing management litigating cases of wrongful termination, employment discrimination, and sexual harassment. Steve also has experience in all phases of administrative litigation of unfair labor practice charges, and class and individual complaints of employment discrimination. He has been an instructor of seminars for supervisors and managers on labor management relations and other personnel issues, and for lawyers in basic and advanced trial advocacy courses. Steve came on board with Fair Measures in 1998.