Can an employee do anything about a forced drug test?

Question

that they passed, or does it take multiple passed drug tests for possible legal action

Answer 1

No it's law binding and mandatory for businesses that enforce it

Answer 2

Forced drug tests?  Do you mean they kidnapped you and waited until you peed in a bottle, or cut your hair, before releasing you?  Sure, you can call the police.

Or do you mean they told you that if you wanted to keep your job, you had to take a drug test?  If that's the case, then that's legal for them to do even if they give one a week for 10 years and you pass all of them.  You aren't forced to take a drug test - but they aren't forced to employ you either.

Answer 3

Generally NO

It's part of the employment agreement between you and the company

If you are being singled out to take them more than others, and this is not random selection. . . .look first to your behavior

Then go to HR and politely ask why you are being singled out for repeated drug tests when they are always negative and you do not "do" drugs (assuming this is true

Answer 4

no, many jobs have several random drug test, so take it and stay off drugs

Answer 5

Nope.  Nothing illegal.  No defamation.  

Answer 6

It only takes 1 failed test.

Answer 7

No an employer has the right to drug test their employees.  However, if you feel that you alone are repeatedly being asked to take a test and feel that they are requiring this because they suspect you to be or have taken drugs then you might have a situation.  But if it's just random drug testing, then it's fine and normal. But if you feel they are picking on you, say Monday they have you do a drug test, then again Wednesday, and again the following Monday, that's weird and would make me suspicious too.  It's not defamation of character; defamation of character is used to describe accusations of slander, libel or both. Slander involves verbal derogatory statements, while libel involves written ones. Which repeated drug tests are not, but it, if something like repeated (meaning days or weeks apart) drug testing is being done on you and you only then you should see your HR department, and ask why you are being singled out for drug tests, you have passed them and don't understand why they are so frequent. Based on that answer could determine if some other course of action could be taken.  I personally haven't encountered or heard of a situation like this, so you could consult the EEOC, or a Lawyer who specializes in employment law.  On the other hand if it's just random drug testing and you seem or feel your picked a lot, it's probably nothing. And really if you aren't doing drugs then you have nothing to worry about.

HR Manager

Answer 8

You can refuse...but you will lose your job and not get unemployment.

Answer 9

I agree with Chris.It is the law,epically in certain careers.Besides,if you have nothing to hide why worry?

Answer 10

Nope.  Repetitive testing is a tool to keep employees clean.  It also goes a long way in proving they took responsible actions if you are a driver and had an accident and killed someone -- then they could say that they did all they could to enrue their drivers are safe.  

Answer 11

Asking you to take a drug test is not defamation, now if they called you a weed head without probable cause to your co-workers then that is defamation.

Answer 12

If an employer has a drug testing policy for their company, and they administer it fairly and equally to all it's employees then there is no problem. Some utility companies require a random drug test when you return from vacation, the day you get back. Other company's have a lottery system where all the employee names are in a computer and it will generate a random list of employees to be tested. It is legal for a company to have such a policy, and legal for them to enforce it as well.

It's not defamation of character to drug test employees.