Legal vs. Illegal Drug Use and Employers

Illegal drug use is information that is not rightfully private and employers always have a right to know about such use. Employers have a duty to protect employees and clients by having a drug- and alcohol-free workplace policy in place. If an individual is using drugs illegally, it can impair their judgment and have detrimental effects on not only their safety but also the safety of those around them. Further, that person could compromise valuable corporate trade secrets or worse gather personal information about employees and clients to sell illegally.

Information about legal drug uses is information that is rightfully private and only in exceptional cases can an employer make claims to know about such use. Employers do not need to ask about your legal drug use, such as caffeine intake, tobacco usage or even the use of prescription medications unless the usage of such substances begins to interfere with your safety or work production.

Therefore, a person who is using prescription medication may actually need it to stay functioning at a level that allows them to do their job, which is what the employer is allowed to focus on. Employers do not even need a list of prescription medications you might be taking for pre-employment drug testing. The clinic that collects the drug sample doesn't want the list. Employers often have a impartial third party medical representation to evaluate any questionable drug test results. If there are questionable results, the medical staff will contact you directly for a list of prescriptions you might be taking. This keeps the employer out of your private information. Legal drug use has no bearing on whether or not an employee can do the job.

The Health Insurance Portability and Accountability Act protects certain types of medical information. Things that are included in your medical files placed by doctors or nurses are just some of the things protected by the act, meaning that what prescriptions you take are not your employer's business. If you feel your rights have been violated, speak with your Human Resources department.