Since Ronald Reagan started drug testing federal employees in 1988, companies across America have followed suit. Whether large or small, approximately 40% of all businesses require a drug screen during the hiring process, and many require random or periodic testing thereafter.
If you are one of these employers, or are considering starting a drug testing program for new or existing employees, you need to be aware that California law takes the average citizen’s right to privacy seriously. An employer who drug tests employees without good reason or outside of California standards may find itself on the wrong end of a lawsuit.
Testing Prospective Employees
California does not have a specific set of laws which regulate employee drug testing in …show more content…
While these interests are important, employers must still remember that they are required to respect the privacy of their workers.
Employers are required to keep each worker’s medical information, including drug test results, confidential and private. If the results of an employee’s drug test are leaked to unauthorized parties, that employer could be liable for violating medical privacy laws.
In addition, an employer could be sued for damages or could be faced with an injunction if an employee feels that the tests are violating his or her right to privacy. In order to prevent these situations, it is helpful for employers to have a clearly defined drug and alcohol use policy, which will describe the situations where drug tests are required as well as the consequences for failing a test.
If you are an employer or employee concerned about your company’s drug testing policy, speak with an experienced employment law attorney who can review your business’ rules and regulations. Attorney Nancy Gray has represented both employers and employees on a wide variety of employment law issues, and can help you or your company stay on the right side of the law. For your free initial consultation with a California employment attorney, call (310) 452-1211 or visit
If you are one of these employers, or are considering starting a drug testing program for new or existing employees, you need to be aware that California law takes the average citizen’s right to privacy seriously. An employer who drug tests employees without good reason or outside of California standards may find itself on the wrong end of a lawsuit.
Testing Prospective Employees
California does not have a specific set of laws which regulate employee drug testing in …show more content…
While these interests are important, employers must still remember that they are required to respect the privacy of their workers.
Employers are required to keep each worker’s medical information, including drug test results, confidential and private. If the results of an employee’s drug test are leaked to unauthorized parties, that employer could be liable for violating medical privacy laws.
In addition, an employer could be sued for damages or could be faced with an injunction if an employee feels that the tests are violating his or her right to privacy. In order to prevent these situations, it is helpful for employers to have a clearly defined drug and alcohol use policy, which will describe the situations where drug tests are required as well as the consequences for failing a test.
If you are an employer or employee concerned about your company’s drug testing policy, speak with an experienced employment law attorney who can review your business’ rules and regulations. Attorney Nancy Gray has represented both employers and employees on a wide variety of employment law issues, and can help you or your company stay on the right side of the law. For your free initial consultation with a California employment attorney, call (310) 452-1211 or visit