Do I have any legal standing to refuse a pre-employmentdrug test?

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Do I have any legal standing to refuse a pre-employmentdrug test?

Asked on March 3, 2011 under Employment Labor Law, Oregon

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Not if you want the job, except in the one case described below. Remember: there is no legal right to a job, and no obligation that an employer hire any given person. Employers may set their own terms and conditions for employment; if you don't want to comply with those terms and conditions, you don't have to apply for or take the job.

One thing that employers can't do is discriminate on the basis of a protected category, such as race, religion, age over 40, sex, or disability. If not everyone has to take a drug test, but you are being asked to take one, for example, because of your race, that might be illegal employment discrimination.


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