Can Jobs Drug Test Minors?
There is no general federal law restricting employers from drug testing minors; however, some states do have laws regarding the drug testing of minors, specifically in the workplace. Whether employers can legally test minors for drugs depends on various factors.
Does Age Matter?
The U.S. Department of Labor states that employers are allowed to drug test potential employees aged 14 or older. However, drug testing minors aged 14 and younger is banned in certain states, such as Hawaii and Maryland.
It is important that employers are aware of the state and local laws that regulate drug testing. Some states have restrictions on collection procedures and require written parental consent. Moreover, employers must ensure equality and must not give preferential treatment in the drug testing process.
What The Law Says
Most states allow minors to be drug tested, provided there are specific rules and procedures set up to protect the minor. Employers must also obtain written permission from the minor’s parents or legal guardian.
The following list gives an overview of the states and their respective laws regarding drug testing minors in the workplace:
- New York: Drug testing minors is allowed in the workplace so long as the procedure is coupled with appropriate parental notification processes.
- New Jersey: Drug testing minors is allowed in the workplace with appropriate parental notification processes.
- California: Drug testing minors is allowed, provided employers adhere to specific legal standards. The employer must obtain written consent from the parent or guardian.
- Michigan: Drug testing minors is allowed and must also be accompanied by parental notification processes.
- Illinois: Drug testing minors is allowed only if the minor is 18 or older. If the minor is under 18, parental consent is required.
- Texas: Drug testing minors is allowed as long as the parent or guardian is given written notification.
There is no definitive answer to the question of whether employers can drug test minors. Individual states have their own laws and requirements employers must adhere to. It is the responsibility of employers to ensure they adhere to applicable laws to avoid any legal complications.