The 9th Circuit's ruling in Johnson v. WinCo Foods, LLC shows that employers can help shield themselves from liability by making job offers contingent on applicants passing pre-employment drug tests and/or background checks rather than onboarding applicants before testing them.
The materials and information included in the XpertHR service are provided for reference purposes only. They are not intended either as a substitute for professional advice or judgment or to provide legal or other advice with respect to particular circumstances. Use of the service is subject to our terms and conditions.