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Pre Employment Drug Screen for Medical Office California

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  • Pre Employment Drug Screen for Medical Office California

    We are med-size Pediatrics office and we do radom drug screen tests, is this legal? they do this as part of hiring process. also they do this when they fel there is supsuion to do so can we allow this? Please advice

  • #2
    This is California's stance on drug/alcohol testing. Ca. has no state statutory prohibition against drug/alcohol testing of applicants or employees. But, under case law, if an employer doesn't have reasonable suspicion or "other compelling interest" in requiring a drug test, there may be an actionable invasion of employee privacy. Also, some local ordinances, like the San Francisco Police Code, may restrict drug/alcohol testing. Also, every private employer regularly employing 25 or more employees must reasonably accommodate any employee who wishes to voluntarily enter & participate in an alcohol or drug rehab. program, provided that this doesn't impose an undue hardship on the employer. Employers aren't prohibited from refusing to hire or from discharging employees who are unable to perform duties or who are endangering lives because of the use of alcohol or drugs.
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