Has your employer or prospective employer asked you to take a drug test? If so, it’s crucial to understand that state and federal law places limits on an employer’s rights to drug test applicants and employees. Please continue reading to learn the rules regarding drug testing in the workplace in New York and why connecting with a dedicated New York Employee Rights Lawyer is in your best interest.
Does New York Law Prohbit Random Drug Testing in the Workplace?
Despite marijuana being legalized, employers are permitted to take disciplinary action against employees who use or are impaired by drugs at work. It can be difficult for employers to prove an employee’s on-duty cannabis use without a drug test. Therefore, an employer must show that a particular employee “manifests specific articulable symptoms of impairment” before discipline can be imposed.
In March 2021, the state of New York passed the Marijuana Regulation and Taxation Act, which legalized the recreational use of marijuana for individuals 21 years of age and over. As such, they updated the workplace drug testing laws. Under new drug testing compliance laws, New York employers are prohibited from making any hiring decisions based on a positive marijuana drug test. However, for employers hiring for certain safety-sensitive positions or fields of work, there are certain exceptions to these laws. In New York, there are no workplace drug testing laws other than marijuana in private employment. Essentially, this means that drug testing is not prohibited or restricted unless it violates other legal provisions such as discrimination.
Therefore, an employer can lawfully conduct random or suspicionless drug testing of its works as long as it doesn’t violate their rights. Federal law permits random drug testing to be conducted in the workplace, so long as the employer follows established guidelines. For instance, employers are required to use a scientifically valid method to choose employees for testing, such as selecting a certain percentage of employees per year. Employers hold the right to administer random drug tests if it’s a mandatory requirement for the position in question. This would be the case for drivers of commercial vehicels as they are required by law to submit to frequent testing to ensure road safety.
What Should I Do if I Fail a Random Drug Test?
As mentioned above, employers are prohibited from testing employees for the presence of cannabis. However, there are instances in which drug testing in the workplace violates the law. For example, the Americans with Disabilities Act (ACA) protects employees who are taking a prescribed medication for their disability. Certain types of prescribed medications can result in a positive drug test. If an applicant is denied employment because of a positive drug test, and their medication was legally prescribed for a disability, the organization could be liable for discrimination.
However, if they legally conduct random drug testing and you fail, it’s crucial to understand what you can do to protect your rights. Depending on the circumstances, you may be able to argue that it was improperly administered or that your employer failed to disclose a clear policy on drug testing in your employee contract. Additionally, you can claim that your employer was made aware of your medical condition that prevents you from fairly participating in random drug testing or that you received a false positive and your employer denied your request for a retest. Furthermore, you may argue that you refused to participate in random drug testing because it violated federal or state guidelines.
At Bell Law Group, we are prepared to help protect your rights and effectively represent your interests. Connect with our legal team today to learn how we can assist you during these difficult times.
