Illinois Drug Testing Regulations

The state of Illinois has nothing to say about drug testing.

Have you been requested to undergo a drug test by your Illinois company or a potential employer? Employer drug testing is subject to minimal restrictions under federal law: Although the federal government compels employers to conduct drug tests in a select safety-sensitive areas (such as transportation, aviation, and contractors with NASA and the Department of Defense), federal law does not mandate – or ban – drug tests in other industries. This region is mostly governed by state and local regulations.

Although several states have laws governing when an employer may or may not demand drug testing, Illinois is not one of them. The law in Illinois does neither promote or prohibit testing. However, the state’s discrimination statute expressly provides that businesses are not prohibited from requiring drug testing of workers who have completed or are enrolled in a drug recovery program.

Even though Illinois law does not clearly ban drug testing, an employer may face legal consequences depending on how the test is conducted or who is tested. Here are a few such examples:

Discrimination based on disability. The Americans with Disabilities Act protects an applicant or employee who is taking medicine for a disability (ADA). Some authorized pharmaceuticals show up on drug tests, whereas some illicit substances (such as opiates) are properly prescribed for specific ailments. If an application is denied due to a positive drug test and the applicant’s prescription was lawfully prescribed for a handicap, the employer may be held accountable (unless the drug is medical marijuana).
Other charges of discrimination. An employer that targets certain categories of workers for drug testing, such as by color, age, or gender, may face a discrimination lawsuit.
Invasion of one’s privacy. Even if an employer has a valid cause to test, the manner in which the exam is conducted may breach employee privacy. Having workers disrobe or produce a urine sample in front of others, for example, might be an invasion of their privacy, depending on the circumstances.
Defamation. If the employer publicizes that the employee tested positive and the company has cause to believe that the test is erroneous, the employee may have a legitimate claim for defamation.