Legal Question in Employment Law in Tennessee
Drug Test Prior to Job Offer
I would like to know if it is legal for a potential employer to request a drug screening prior to offering a job. A few weeks ago I traveled 400 miles for a job interview for a position as an accounting manager. I interviewed with the CFO and Controller for two days and I was told that I was a frontrunner for the job, but they were still considering one other candidate who was yet to be interviewed. Since I lived 400 miles away, they asked if I would go ahead and take a drug test since I was in town. I was asked to take this test before being offered a job.
This company uses an onsite nurse to administer the test. I think the nurse is a company employee. She asked if I was currently taking any medication and I disclosed the fact that I take Xanax everyday (Xanax is for anxiety). She had me sign a standard drug screening form and took my urinalysis sample.
I have since discovered that I was not selected for the job. They simply liked the other candidate more. That is fair enough, but how can I know that the fact that I take Xanax did not influence their decision and if it did, does it matter?
1 Answer from Attorneys
Re: Drug Test Prior to Job Offer
The short answer to your question is that for an employer covered by the Americans with Disabilities Act, they must make a conditional offer of employment before conducting any sort of health screening. This includes a drug screening. If you were not selected because of the disclosure, that would violate the Act.
If you would like to consult with an attorney on this issue, you can reach us at [email protected].
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