Legal Question in Employment Law in California

Re: Drug Testing on Employees

The real question is whether restaurant employees are subject to random drug testing. Most employers can require drug testing as a condition of being hired. But once employed, random drug testing is a condition of employment for jobs that involve public safety.

I suppose one could argue that anyone working in the kitchen involves public safety but I don't necessarily agree. Food servers, and other positions would be less likely to be subject to such an invasion of privacy.

However, if an employee took a drug test and tested positive for an illegal substance, they could be terminated. An employer cannpt require they pay for rehab, but if the employee doesn't go through rehab, the employer does not have to take them back.

In one case, when a terminated employee was fired for testing positive for drugs and went through rehab, the court said an employer cannot discriminate against an employee by refusing to take him back because drug addiction is regarded as a disability.