Pre-employment Drug Test

C Wilson

We are hiring for a lower level management position and the GM wants the top 3 candidates to take a drug test prior to an offer being made. Is it legal to do this?

Our policy states all applicants who are presented with a conditional offer of employment must be tested.

TN HR

Depends on your state. In mine you can't do so until you've tendered a conditional job offer.

The real problem with doing what your GM suggests is that you could potentially be engaging in a discriminatory act should one of the candidates be in a protected class.

My question to you is why does he want to do this?

C Wilson

In NC it is legal to test applicants. I should have phrased my question better. Your comment on discrimination is what I had in mind. Thanks for your reply.

pork1

C WILSON: Like TN HR, I too would have a concern for the "why?"

There would be nothing wrong in asking each if there is any reason why they would or would not be agreeable to a drug/alcohol screening test, let them know that there is a requirment to take a drug/alcohol screening test in order to be hired.

If anyone of the three is hesitant to participate then your boss could be hesitant to do any further interviewing of that person.

Unless your boss has some reason to test anyone of them, then the same reason must be in place inorder to test all of them! We do test after an offer is made and prior to the enrollment process, a few have not been able to pass the test.

"Discrimination" is definately the issue with your post and your bosses desires. He must know something about one or all of them and their society on the streets.

PORK

Don D

I assume he just doesn't understand nuance of doing things in order. It's your job to educate him on the meaning of 'conditional offer' and the reason to do it in that order. What really causes me more grief is when a manager suggests that HR should do four or five background checks prior to an offer being made.

E Wart

I am confused as to why he would want to do this. (Is he an amiable?) Sounds like he is having a hard time making up his mind and thinks that this may be a deciding factor. I also question the expense (even though not much) of this. I would ask him to consider that they all passed. What would his order of offers be. (Sounds like he liked all 3). Then, make the offers (and the drug tests) in that offer. If first accepts and passes, he gets the job.
I would think that if he did this for this job, he would need to be consistent and do it for all jobs, and just not necessary.
Most importantly of all, WHAT IS YOUR POLICY? Follow it.
E Wart