You don’t have to submit to drug testing if you don’t want to. That’s your right. But, the consequences might be about the same as if you failed drug testing, because you’re essentially guilty until proven innocent under the current program. Again, under municipal or state drug testing laws, an employer might have good cause to fire you, while potential employers might justifiably refuse to hire you.
Can I sue for violation of my rights?
At this writing, pending lawsuits are challenging random workplace drug testing as a violation of the Fourth and Fourteenth Amendments. Additionally, employees and job candidates have sued for random drug testing and won, even though they tested positive. In some cases, they’ve won simply because employers did not abide by municipal or state workplace drug testing laws. For example, some municipal or state drug testing laws
- Limit discipline for employees who test positive the first time
- Don’t allow employers to make job candidates or employees pay for drug testing
- Limit drug testing only to jobs for which workplace or public safety or security is a concern
- Forbid random drug testing
But others have sued and lost. So, it depends on your particular situation, as do most legal matters. Bottom line is, if you fail or refuse drug testing and suffer consequences, you might be able to challenge employer policies or drug testing laws in court. See an attorney about that.
