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Why Workplace Drug Tests Are An Invasion Of Privacy: Know Your Rights

Drug tests are the worst part of the interview process, especially if you don’t expect to take one on the spot. Unfortunately, drug testing is a common practice in companies all over the world. There’s no way around them and failing once could put your career or reputation at risk!

With all the anxiety that comes with taking drug tests, you’ve got to wonder: is drug testing reasonable or is it a violation of our rights?

Why Workplace Drug Tests Are An Invasion Of Privacy: Know Your Rights

Let’s talk about different types of drug tests, the reasons behind drug-free company policies, and what the laws say about them. We’ll also be sharing a guide on ways to clean your system in 24 hours so you can protect yourself at all costs!

Why Do Companies Require Drug Tests?

There are several reasons behind drug testing procedures, but every employer’s main goal is to maintain safety at work for employees and customers. Businesses also consider drug tests useful in reducing the chances of accidents, property damage, and compromised productivity. Here are the top six reasons for drug testing at the workplace:

  • Pre-Employment – This requires mandatory drug testing for certain or all positions in the company.
  • Reasonable Suspicion – Managers observe staff displaying odd behavior or signs of drug abuse on duty.
  • Post-Accident – After accidents occur at the workplace, companies may test for impairment on the job.
  • Return-To-Work – Employees recovering from drug addiction or rehab will get tested when they return.
  • Random Drug Testing – Unannounced drug tests used for chronic users at work and suspicious employees.
  • Workers Compensation – A workers compensation claim requires drug tests for on-site injuries.

What Do The Laws Say About Drug Testing?

Federal laws and regulations don’t require all companies to follow drug-free work policies. The Drug-Free Workplace Act of 1988 only targets substance use while at work – anything else you do in the privacy of your home shouldn’t be anyone’s business.

By law, the Department of Transportation also requires drug tests for drivers and operators of heavy machinery to help keep the public safe at all times. Any other circumstance is done according to company guidelines or local state laws.

Drug Testing For Legal Marijuana

In recent years, the rise of medical and recreational marijuana has sparked debates among companies and employees. Even in legal states, some businesses are still hesitant about getting with the times – meanwhile, others are more accepting if people provide proof of their medical cannabis prescriptions. Either way, it’s a positive sign that a handful of companies won’t deny your application or fire you for smoking legal pot at home!

Are Drug Tests During The Hiring Process Are An Invasion Of Privacy?

A research article by the Santa Clara High Technology Law Journal concluded that employers must only test if there’s compelling evidence and reason to do so. Otherwise, it’s considered an invasion of privacy that may overstep the 4th amendment rights of an individual. 

Although drug testing is a popular surveillance and screening tool for global corporations, it’s also highly prone to abuse. That’s why it’s important to learn about your employee rights so you can take action if you experience any unlawful treatment during the hiring process or employment.

How Do I Assert My Rights?

According to the Substance Abuse and Mental Health Services Administrations, lawsuits against wrongful termination, discrimination, defamation, and invasion of privacy are stacking up. Whether you’re being tested without reason or getting fired for testing positive, hiring an employment attorney is the best way to fight for your rights. If you win the battle, you could receive compensation for facing discrimination and unfair drug testing processes. 

Are There Consequences For Non-Compliance?

In worst-case scenarios, you can just say no to a drug test. But refusing to take a test can cause the loss of a job opportunity or employment. Companies may also use your refusal to cooperate as a reason to reject or dismiss you immediately. 

How Do I Pass A Drug Test In 24 Hours?

Unless you’re working from home, a drug test is inevitable in most professional and commercial work settings. So, it’s important to come prepared! From urine and blood tests to hair and saliva screenings, there’s a solution for every kind of drug method out there. Just check out this super helpful guide on ways to clean your system quickly and safely with some fool-proof drug testing tips.

Conclusion

Mandatory drug tests are unconstitutional, but companies continue to implement drug testing policies to minimize risks at the workplace. No matter what state you live in, drug tests can be extremely unpredictable – so, why not prepare for the worst? As long as you know your rights and use a trustworthy detox product, you can pass company standards without ever compromising your privacy.

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