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Understanding the Drug-Free Workplace Act of 1988

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There are many public and private employers in the state of Texas that drug test prospective employees before they officially hire their employees. This is partially due to the Drug-Free Workplace Act of 1988, which states that any employer receiving federal grants or any form of federal money must have a drug-free workplace or else risk losing federal funding.

FindLaw states that the Drug-Free Workplace Act does not contain any provisions that specifically allow for workplace drug testing, but that the law instead requires federal government contractors and grantees to establish a drug-free awareness program for their employees. If a great number of employees have been convicted of criminal drug statues, then it can be concluded that the grantee has failed to make a good faith effort to provide a drug-free workplace, hence federal funding can be lost.

When it comes to drug testing in the workplace, the U.S. Supreme Court has held that both blood and urine collection are minimally intrusive procedures which are not harmful to job applicants or employees when they are conducted in the context of an employment environment without direct observation by the tester. In most situations, pre-employment drug testing cannot be conducted until the applicant has already been offered the position.

Anybody who feels that their rights have been violated through drug testing procedures in the workplace should contact a Houston employment lawyer to learn about the best course of potential legal action that can be taken. To learn more about the Drug-Free Workplace Act, see our Related Resources pages.

Related Resources:

  • The Facts About Drug Testing During the Hiring Stage (FindLaw)
  • See a Houston Employment Lawyer (FindLaw)
  • Federal Laws Regulating the Workplace (FindLaw)

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