Workplace drug testing in Pennsylvania and its limits

On Behalf of | Oct 12, 2021 | Drug Crimes

In many states, there are laws against bosses testing employees for drug use. Pennsylvania does not have restrictions preventing private employers from checking their workers.

There are many arguments for why testing may violate the civil rights of jobholders. Here are some reasons why a test might reveal drugs, followed by a few legal rationales for the results.

Causes of failing a workplace drug test

Drug tests check for popular narcotics, including marijuana, cocaine, and opiates, including unprescribed codeine. If any of these drugs are present, expect to lose your job.

In America, only South Dakota, Idaho, and Nebraska have outlawed cannabidiol oil. Although non-psychotropic and legal in Pennsylvania, CBD can give a positive reading. This is especially possible if you take more than 2,000 milligrams per day.

Second-hand exposure can also be the culprit for testing positive for weed.

Reasons against giving a workplace drug test

For reasons relating to health, you may be taking drugs according to orders from a doctor. Drug usage under these conditions has protection under The Americans with Disabilities Act. Thus, it is not considered a narcotics crime.

Employers are forbidden from singling out groups of individuals. Treatment should never change based on age, gender, race, or any other immutable factor. Those who do could be guilty of workplace discrimination.

Likewise, defamation is impermissible. Bosses who drug test with the intent of embarrassing someone can face prosecution.

Learn the legal parameters surrounding this sensitive topic. If you do, you will be better able to dispute any unfavorable readings.