Can You Drug Test Prospective Employees?

Many employers attempt to test prospective employees (and employees already on staff) for drug and alcohol use. An employer may face legal difficulties if it chooses to test only certain applicants for a position.  In other words, an employer cannot pick and choose which applicants it will test for drugs or alcohol.  The employer must treat all applicants for the same job in a similar manner. Although increasing in popularity among

The Americans with Disabilities Act (ADA) makes it illegal for any employer to test a prospective employee without first making a conditional offer of employment. The ADA also says you can’t discriminate against prospective employees on the basis of past drug-related problems. Then again, you may refuse to hire candidates if you have reason to believe they will return to substance abuse or endanger the safety and health of your workers.