Has your California employer or prospective employer asked you to take a drug test?
Although the federal government requires testing by employers in a few safety-sensitive industries (such transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn't otherwise require - or prohibit drug tests. For the most part, this area is regulated by state and local laws.
California is one of the few states with a state Constitution that includes a right to privacy. That right extends not only to government employees, but to employees in private industry as well.
California courts have held that this right is implicated by drug testing, but that doesn't always mean drug testing is illegal. Testing is judged on a case-by-case basis, balancing the employer's reasons for testing against the intrusion on the employee or applicant.
David Payab, Esq. from The Law Offices of Payab & Associates can be reached @ (818) 918-5522 or by visiting http://payablaw.com
