As an employer one should be aware that under the federal Drug-Free Workplace Act of 1988 for most employers, testing is not required or regulated. However, there are state and local statutes that limit and in some cases prohibit workplace testing. An employer may still engage in substance testing but only if it is within state/local law. Under current US federal law, the use of illegal drugs is not a protected disability therefore employers are free to refuse to hire or discharge an employee currently using illegal drugs. While Alcoholism is considered a disability(some state law’s are subject to reasonable […]
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