May an employer legally ask a job applicant to submit to a pre-hire drug test as a condition of employment?

Author: Jessica Sussman

Yes. Pre-hire drug testing generally is permitted after a job offer has been extended. Such tests must be administered in a nondiscriminatory manner as part of the hiring process for all employees, and employers must be able to confirm the accuracy of the test. Employers should not assume they have the same right to test current employees as they do with job applicants as current employees generally have increased privacy rights.