Legal Question in Employment Law in California
In the state of California, is it legal for a prospective employer to require direct observation during a an initial pre-hire urine drug screen for a job that does not require operating a vehicle?
Asked on 8/26/10, 8:43 am
2 Answers from Attorneys
Michael Kirschbaum
Law Offices of Michael R. Kirschbaum
Yes, California courts have said that employers may require all prospective employees to pass drug screening tests, as a condition of employment. Direct observation is permissible to assure the prospective employee is not cheating.
Answered on 8/31/10, 9:48 am
Terry A. Nelson
Nelson & Lawless
Yes. You don't have to comply, but if you refuse, you won't be considered for hiring.
Answered on 8/31/10, 10:45 am