Employers in Oklahoma are permitted by law to test applicants and workers for narcotics.
If your company or a potential employer in Oklahoma 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. State and municipal regulations, for the most part, govern whether a private company may request drug testing.
Employers in Oklahoma may request drug testing of applicants and workers as long as they follow state regulations. Employers are not compelled to drug test their employees.
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Drug Testing for Oklahoma Job Seekers
Employers in Oklahoma may impose drug testing as a condition of employment.
Employee Drug Testing in Oklahoma
Employers in Oklahoma may request drug testing of their workers in the following situations:
Following a workplace accident resulting in injury or property damage, as part of a normal fitness-for-duty check and as a follow-up to a rehabilitation program.
Employers may also do a cause test if they believe the employee is under the influence of drugs at work (based on, for example, seeing the employee with drugs, an unexplained pattern of absences or tardiness, or employee behavior that suggests impairment).
Legal Claims Relating to Drug Testing
Despite the fact that Oklahoma law permits employers to perform drug tests, workers and candidates may have legal claims depending on who was tested, how the test was administered, or how the findings were utilized. 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.
Discrimination based on disability. The Americans with Disabilities Act (ADA) protects applicants and employees who are using disability medicines. 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 the employer publicizes that the employee tested positive, the test result was incorrect, and the employer knew or had cause to know of the mistake, the employee may have a legitimate claim for defamation.
