Drug Testing and the Workplace: Frequently Asked Questions

California has some of the most restrictive drug testing laws in the country — placing a high priority on individuals’ privacy rights and protection from discrimination alongside employers’ workplace safety concerns. While employers may have job applicants submit to pre-employment testing, testing current employees is much more complex with permissibility often depending on why the employer is conducting the test and surrounding factual circumstances.

To make it more challenging for employers, California’s already complicated drug testing rules keep changing. Most recently, following the state’s legalization of recreational