Legal Question in Employment Law in California

pre-employment drug screening

Is it legal for a company to use the results of a pre-employment drug screen that was done seven years ago to disqualify a person from consideration for employment now?


Asked on 11/14/05, 6:55 pm

1 Answer from Attorneys

Patrick Turner Patrick E. Turner Inc. APLC

Re: pre-employment drug screening

It sounds like you took a pre-employment drug test seven years ago for the same employer, and are now trying to get a job. The current employer is relying upon results from seven years ago to disqualify you. If that is the issue, this is likely legal, as long as the employer doesn't have a hidden, illegal reason, and is just using the drug test as a pretext.

An employer can select anyone it chooses for employment, as long as its decision is based upon legal reasons. Past pre-employment drug testing is information upon which an employer can reasonably rely.

There is the possibility, however, that this could be considered disability discrimination. You should review your case with an experienced employment law attorney in your geographic area for further information.

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Answered on 11/22/05, 11:08 am


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