Can an employer require drug testing?
In Kansas, employers are allowed to require drug testing for their employees, with some limits and regulations. Employers cannot test workers in a discriminatory manner, nor can they require testing unless they are given reasonable suspicion. This means that an employer cannot require an employee to take a drug test just because they are employed with the company, and must have reasonable grounds to believe that the employee is under the influence of a prohibited substance. Employers must also inform their workers that drug testing is a condition of working at the company. Employers must also provide notice to all employees that they are subject to drug testing and must explain the details and rules of the drug testing policy. The employer must also allow the employee to provide information to challenge the results or explain what may have caused the positive result. Furthermore, employers in Kansas are also prohibited from testing applicants for certain types of drug testing. This includes pre-employment testing, which cannot be used to rule out an applicant from a job position. Employers are also prohibited from sanctioning employees or otherwise disciplining them for failing drug tests, unless the employee has violated the company’s drug policy. Overall, employers are allowed to require drug testing in Kansas as long as they follow certain regulations. Employers must also provide notice, protect employees from discrimination, and not use it to make hiring decisions.
Related FAQs
What rights do employees have under employment law?Are employers allowed to ask job applicants about their criminal records?
What is the WARN act?
Are employers allowed to request personal information from job applicants?
What is the difference between a contractor and an employee?
What is the Americans with Disabilities Act (ADA)?
Are employers required to provide employee health benefits?
What is the difference between sexual harassment and romantic advances?
Are employees required to report workplace injuries or illnesses to their employer?
Can employers ask job applicants about criminal convictions?
Related Blog Posts
Employment Law Overview: What Employers Need to Know - July 31, 2023Understanding Compensable Time in Employment Law - August 7, 2023
Minimum Wage Standards in Employment Law: What Employers Need to Understand - August 14, 2023
An Overview of Unemployment Benefits and Related Employment Laws - August 21, 2023
Common Mistakes Employers Make in Employment Law - August 28, 2023