Can an employer give me a drug test before offering me a position within the company?

I was told to go take a drug testwhich I didthen was
told I had to do another interview before possibly
being offered the job.

Asked on April 23, 2016 under Employment Labor Law, Michigan


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

It's not clear from the question as to whether you are a new hire or exisitng employee up for a new position. Either way, your employer has the legal right to drug test you. That is unless this action violates a term in any applicable union agreement or employment contract, or in some way constitutes some form of legally actionable discrimination.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes: an employer may legally make a drug test of the hiring process, and may require it prior to offering you a position. (Alternately, some employers ask you to do a drug test after making a *conditional job offer--one that only becomes effective if the drug test comes back favorable--but the net effect is the same: you have to pass the test before getting the job.)

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