Many public and private employers decide to drug test their potential employees as well as people who already work for them. Even though in the last decade the number of employers who conduct drug tests increased, such tests are not always legal.

Of course, if you have the regulations for drug tests, you can check clear test reviews which will present you the best choices so that you can drug test your employees.

Have in mind that pre-employment testing features some regulations too, and before you enter the point to conduct anything, you should get familiar with the law and state regulations.

We recommend you to stay with us because this particular article will give you a legal perspective that will protect you against fraudulent drug tests.

U.S. Supreme Court And Pre-Employment Drug Testing Laws

It is essential to start with the statement that the U.S. Supreme Court held that both urine and blood collection and the least intrusive procedures that won’t cause any harm to both employees and job applicants. Of course, the employer must conduct them in the employment environment.

It could be an interfering with privacy in case that an employer to ask for a someone who is a job applicant to give a sample of urine while other people are around.  However, if the employer has concerns that applicant will cheat and tamper with the example, the employer can allow one person of the same sex to be present next to applicant while he/she gives a sample.

Federal Law

According to federal law governing of use of alcohol and drugs in the workplace, which is known as Drug-Free Workplace Act of 1988. This particular Act states that employers who receive federal contracts and grants have to be completely drug-free, or they will lose the federal funding. The Act doesn’t contain any provision that will allow a workplace a drug testing.

When we take a look at this particular act, we can say that various laws also created a concern about using drugs on their jobs. This particular act is known as the Americans with Disabilities Act, and you should have in mind that it classifies alcoholism as a protected disability. Click here to learn more on Americans with Disabilities Act.

Specific federal departments and agencies also must conduct drug testing and screening, due to safety and regulations. For example, industries regulated by the Department of Transportation have mandatory requirement that they have to test their employees, such as truck drivers.

State Law

Apart from federal laws, each state has its own body of rules that governs and protects employees and employers. For instance, Alaska doesn’t have mandatory drug testing laws, but it features voluntary drug testing laws for employers that they have to follow if they want to conduct drug tests.

In other states, employers have legal rights to test job applicants for alcohol and drugs, but the applicant must know that testing is taking part and that it is a necessary factor of the hiring process for everyone. The employer cannot conduct a drug testing only for specific employees until the applicant gets the position.

Testing Limitations

An employer can face legal issues if he chooses to test only certain applicants for the position, while avoid testing others. If your potential employer decides to pick only you for drug screening, but neglect the other applicants, you will be protected by law. The employer must treat all applicants the same way.

Most states also limit the type of testing that employers can perform. It doesn’t matter whether is it breath, urine, blood or hair. Hair testing is the newest method that could provide you with the most accurate drug testing, and it will help you determine the abuse in the last three months. On the other hand, urine testing will provide accurate results if you consumed something in the previous five days.

To see which drug test is the most accurate, check this particular link:

If an employer decides to test an applicant without the applicant knowledge or consent, the employer can face severe legal issues. For instance, the employer cannot pick the pieces of hair left on your chair during an interview and use it as a relevant proof that you abuse drugs. That will cause havoc because you as an applicant didn’t know that the test will happen.


As you can see from everything we’ve mentioned above, the legal aspects of drug testings are different from state to state. However, you should check both your state’s regulations and laws, and the company’s policy before you decide to show yourself or to conduct testing.

That way, you will make sure that everything goes per regulations, and if you notice something faulty, you should avoid that workplace. If they wanted to create havoc at the very beginning, who knows what will happen when you start to work for them.

It is always better to choose a company that follows the regulations and laws because you as an employee have rights too.