Employers in Maryland are permitted by law to drug test applicants and workers.
If your company or a potential employer in Maryland has requested you to undergo a drug test, you should be aware of your legal options. 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.
Employers in Maryland may request drug testing provided they follow the state’s processes and standards.
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Maryland Applicants Subjected to Drug Testing
Employers may request drug testing of candidates. If an applicant’s first drug test result is positive, and the applicant willingly admits that he or she is taking a lawfully authorized medicine, the employer may condition a job offer on a laboratory’s confirmation of the test findings.
Employee Drug Testing in Maryland
Employees may be required to undergo drug testing for valid business reasons only.
Employers that need drug testing must have the samples tested at a recognized laboratory. The employee may request the name and location of the lab at the time of testing. The methods for testing, secrecy, and other procedures are governed by state legislation.
Employees who test positive must be given the following:
a duplicate of the test results
a copy of the employer’s written testing policy, written notification of any adverse action the employer intends to take based on the findings, and a declaration of the employee’s right to an independent confirmation test at his or her own cost.
Legal Claims Relating to Drug Testing
Employees and candidates may have legal claims depending on who was tested, how the test was administered, or how the findings were utilized, even though Maryland law enables employers to drug test in certain situations. Here are a few such examples:
State laws and procedures have been violated. Although an employer has the legal authority to test, it must follow the rules of the state. A Maryland employee, for example, may sue an employer who did not have a valid business motive to test or who did not produce the paperwork necessary after a positive test result.
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.
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 is permitted or obligated to test, the manner in which the exam is conducted may breach employee privacy. For example, compelling workers to disrobe or produce a urine sample in front of others may be a breach of their privacy.
Defamation. If an employer publicizes an employee’s positive test result and the company has cause to know that the test is inaccurate, the employee may have a legitimate claim for defamation. For example, if a retest revealed that the initial test was a false positive, or if the employee has challenged the original test, the employer may be accountable for disclosing the positive test findings to individuals who do not have a need to know.