The State of California has laws in place to regulate requests for anti-doping tests to workers or candidates. Under these laws, employers are not required to test candidates unless federal law requires it for specific jobs or employers.
Being one of the states that most actively promotes respect for employee privacy, there are cases where it is difficult to determine if a privacy violation has occurred. A court will have to determine this based on different factors in each case.
The cases in which it is generally allowed to request a drug test are those that revolve around the hiring of a new worker since it is important to screen a new member of the company properly. Also, it is allowed to request a test that determines marijuana use, even though its use is now legal in the state. Still, if your employer considers using it to be a risk to your job, you could be fired for using it.
It is illegal for an employer to request a drug test from a specific worker without asking the others, as this could be considered discrimination. Additionally, it is prohibited to perform random tests on employees without apparent reason unless they carry out risky activities like construction or government-related work, among others.
However, despite all of these laws, every case is different, and a judge will need to examine each case carefully. The judge will determine whether or not your employer’s request for a drug test was illegal. The outcome will depend on your case’s different factors since these cannot be generalized like some other cases.
Contact our labor law attorneys to receive the support you need and resolve any doubts about your case with anti-doping tests.