Rules Regarding Drug Tests

Employment lawyers Orange County are often consulted regarding the rights of California employees. They can explain that the employer’s rights can vary depending on the circumstances involved in the particular situation.

General Guidelines for Applicants

California courts have determined that employers can require applicants to pass a drug test as a condition of employment. However, for the employer to comply with this standard, it must require all applicants to take such tests. It cannot require persons of only certain protected characteristics, such as race, religion or disability to take the test when other applicants are not required to do so. The California Supreme Court has held that an employer can refuse to hire an applicant who tests positive for marijuana even though the state has a compassionate use law and even if marijuana is prescribed for a disability.

General Guidelines for Employees

Employment lawyers Orange County can explain that not all drug tests are legal. Instead, the courts determine the legality of testing by weighing the employer’s reasons for testing against the employee’s expectation of privacy. Employers can protect against potential claims of violating the law if they take steps to eliminate this expectation of privacy, such as including information in handbooks that calls for ongoing and random drug tests and the reasoning for such. For example, safety concerns may be a concern for a company that is responsible for transporting members of the public.

Legal Assistance

If you would like more information on drug testing, contact employment lawyers Orange County from Daily Aljian LLP.