Challenges to workplace drug testing policies on grounds that they violate employees' privacy have not been successful. But while drug testing itself usually does not violate an individual's rights, the manner in which the test was conducted (or its results utilized) may sometimes cross the line. For example, the U.S. Supreme Court has held that positive drug test results may not be used in subsequent criminal cases without the consent of the employee. Also, a drug test may be challenged on constitutional grounds if the results are divulged indiscriminately, if the test is conducted in a way that disrespects the subject's privacy rights, or if drug testing is done excessively or otherwise inappropriately. California: Employers awarded state contracts or grants must certify that they will provide a drug-free workplace (similar to the federal requirement); contractors also must provide a written policy to their employees. …show more content…
Many of the physical symptoms that are commonly associated with intoxication—slurred speech, disorientation, or a lack of coordination—can also be the result of a serious physical disability or medical condition, such as diabetes, low blood sugar, or mental illness. Individuals with these conditions are protected under the provisions of the ADA. Singling them out for testing or disciplinary action could result in charges of discrimination. Finally, employers should refrain from asking employees about their legal prescription drug