Legal Question in Employment Law in California

Unknowing ingestion (Marinol)... Drug Test

FROM: Considering legal action (civil suit).

QUESTION: Private companies in California can give GC/MS Hair Follicle drug tests to potential employees. What if someone unknowingly ingests GHB (date rape drug) or Marinol (legal prescription THC)? They will obviously fail a GC/MS test, but we don't arrest date rape victims for having GHB in their blood.

Could someone who unknowingly ingests GHB or legal THC be turned down for a job because of something that they had no LEGAL control over???


Asked on 10/24/03, 8:35 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Unknowing ingestion (Marinol)... Drug Test

Employers have the legal right to condition employment upon passing a drug test. If you fail the test, they do not have to hire you, whether ingestion was knowing or not.

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Answered on 10/24/03, 8:55 pm


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