In the News: Keya Denner Discusses Pre-employment Drug Testing in U.S. News & World Report
Constangy partner Keya Denner was quoted in an article for U.S. News & World Report entitled “Worker’s Guide to Pre-Employment Drug Testing.”
The article addresses current trends in pre-employment drug testing and identifies circumstances wherein companies can require employees to take these tests according to state laws. Beyond geographic considerations, certain industries are typically more inclined to require drug testing, such as the medical industry.
“The trend I’ve seen is toward less pre-employment drug testing than before,” Denner observed.
Still different factors lead many employers to continue requiring drug tests, Denner said. “It’s a combination of ‘That’s how we’ve always done it'…but you also have employers who are more ideological.”
The issue of pre-employment drug testing has become more complex with the legalization of marijuana in almost half the U.S. states, and the decision to test can also have an impact on culture and the workforce. “It becomes a problem for employers because their talent pool shrinks,” Denner reasoned.
Even if employers decide not to test for cannabis, employees must follow employer requirements during the hours of their employment. “Make no mistake, that doesn’t mean you get to show up to work high or impaired,” Denner clarified.
Discussing what happens for candidates who fail pre-employment drug tests, Denner noted that “most of the time, these folks are out of options,” Denner noted.
To view the full article, you may click here.
