Can you refuse a blood test on the grounds of religious beliefs for a pre-employment drug test? The application listed urine or blood and I have issues with the blood draw so wanted to check what my rights or options are here.

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Can you refuse a blood test on the grounds of religious beliefs for a pre-employment drug test? The application listed urine or blood and I have issues with the blood draw so wanted to check what my rights or options are here.

I’m not sure which they will request at
the appointment, but I want to know what
my rights are prior to going. Thanks

Asked on November 11, 2017 under Employment Labor Law, Virginia

Answers:

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

Answered 4 years ago | Contributor

The fact is that you must submit to this test, at least  if you want the job. The fact is that religious beliefs need ony be "accomodated". This menas that if there is another way of handing the situation and it does not cause undue hardship to an employer, they must make them. However, if only a blood test will give the company the information that they need regarding the cnadidaye;s suitability for the job, then the applicant must take the test. No one is forced to work for someone. If this requiremen is not aceptable to you, you can seek employment elsewhere. 

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you do not have the right to refuse the blood test. An employer's only obligation is to make a "reasonable accommodation" to religious beliefs. However, it is not reasonable to allow a candidate to avoid a test which the employer deems important and which all other candidates undergo. Most jobs-the vast majority--do not require blood tests: your best recourse is to seek other job opportunities where this is not an issue.


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