Like many other states, Arizona’s employee drug testing laws allow employers to test both employees and job applicants in certain situations, as long as the employer follows their own procedural rules. Arizona law does require employers to notify both applicants and employees that drug testing is part of the hiring process or required as part of their employment. An employer may refuse to hire an employee who does not agree to submit to a drug test.
Arizona law also specifies the procedures an employer must use for collecting specimens, testing, and maintaining confidentiality. If an employee tests positive, the result must be confirmed by a second test using a chemical process different from the one used initially. A local attorney in Arizona would be able to provide additional information.
What Are the Rules for Testing Current Employees?
Arizona employers are allowed to test employees for any purpose that is related to a job and
consistent with business requirements. This would include the following, for example:
- To serve the employer’s interest in productivity, safety, quality, or security;
- As part of the investigation of a workplace accident;
- As part of an investigation to determine if an employee is or was impaired;
- On the basis of reasonable suspicion that an employee has used drugs;
- As part of a program of random drug testing.
As stated above, notice must be given to employees, and the notice must provide specific information about the testing program, including the consequences of failing a drug test or refusing to take a drug test.
Arizona law also specifies the procedures an employer must use for collecting specimens, testing, and maintaining confidentiality. If an employee tests positive, the result must be confirmed by a second test using a chemical process different from the one used initially.
In Arizona, employers may test employees for the following controlled substances:
- Amphetamines,
- Cannabinoids,
- Cannabis;
- Cocaine;
- Phencyclidine (PCP);
- Methadone;
- Methaqualone;
- Opiates;
- Barbiturates;
- Benzodiazepines;
- Propoxyphene;
- The metabolites of these substances.
An employer might also test for alcohol intoxication through the use of blood alcohol concentration (BAC) tests of a person’s blood, breath, or urine.
Can I Refuse a Drug Test at Work?
Virtually every state allows employers to require drug testing of job applicants. Arizona allows this type of testing also. If a job applicant tests positive, an employer may refuse to hire the applicant because they tested positive. If an employee tests positive, the employer may impose consequences as provided in its drug-testing policy.
Some states limit the situations in which an employer may require testing of current employees. Arizona law allows employers to engage in random testing and any other lawful type of workplace drug testing but with certain limitations, as noted above.
Of course, an employer may not physically force a person, either a job applicant or an employee, to take a drug test. However, while an applicant may always refuse a drug test, the employer may refuse to hire them for that reason. If it is a current employee who refuses a legitimate test, the employer may impose sanctions up to and including firing.
If an employee objects to drug testing, they would want to become familiar with their employer’s drug-testing policy. They might be able to avoid any drug testing that is not done in compliance with the employer’s own stated policies. Otherwise, however, refusing to take a drug test at work could lead to negative consequences, including loss of one’s employment.
What Are the Consequences of Refusing to Take a Drug Test?
In Arizona, the consequence of refusing to take a drug test mandated by an employer depends on the drug testing policy of the employer. If the employer asks an employee to take a test, the employee would want to know on what grounds they might refuse testing per their employer’s policy.
Legally, however, an employer may subject a person who refuses drug testing to disciplinary action. Disciplinary action may include termination of the person’s employment. A person will want to contact an employment law attorney if they have questions about these rules regarding government employee drug testing laws.
On the other hand, if a person has been asked or required to take a test that is not legal, employees and applicants may have legal claims against an employer.
A claim that a test was illegal might be based on how the test was conducted, who was tested, or how the results were used. Some examples of claims for illegal testing are as follows:
- Testing that violates state laws: Although an employer has the legal right to test, it must comply with state regulations. An Arizona employer that does not give the required notice of its testing policy or observe state-mandated procedures, e.g., confirming a positive test result before imposing consequences, may violate Arizona law;
- Disability discrimination: An applicant or employee who takes medication for an illness or disability is protected by the Americans with Disabilities Act (ADA). Some prescribed medications may result in a positive drug test. Certain drugs that are controlled substances may be prescribed legally for certain conditions. If an applicant is refused a job because of a positive drug test and they took a medication that was legally prescribed for a disability or illness, the company could be liable for discrimination that violates the ADA;
- Other discrimination claims: An employer who selects certain groups of employees on the basis of such factors as race, age, or gender for drug testing could be charged with discrimination;
- Invasion of privacy: Even an employer might be charged with invasion of privacy if it tests in a way that violates employee privacy. For example, it would be a clear invasion of an employee’s privacy to require them to disrobe or provide a urine sample in the presence of other people;
- Defamation. An employee might have a valid claim for defamation if the employer publicizes that the employee tested positive, the test result was a false positive, and the employer disclosed the information negligently.
Are There Any Exceptions?
As noted above, the federal ADA does not prevent employers from enforcing drug-free workplace policies or otherwise testing employees for drug use. It does not offer any kind of protection to employees who are using illegal drugs.
However, the ADA does make it illegal for employers to engage in employment discrimination against recovering alcoholics and drug users who are already receiving treatment for their addiction.
Also, under the terms of the ADA:
- Employers are prohibited from firing, refusing to hire, or refusing to promote a person because they have a history of substance use;
- Employers are also prohibited from firing, refusing to hire, or refusing to promote employees because they are enrolled in a drug or alcohol rehabilitation program.
Employers who have drug-testing programs want to be careful not to focus on employees for testing because they look or act as though they are under the influence of drugs or alcohol. Many of the physical symptoms usually associated with alcohol and drug intoxication, e.g., slurred speech, disorientation, or a lack of coordination, can also be the result of a serious physical disability or medical condition.
People with disabilities or conditions that might mimic intoxication are protected by the ADA. Selective drug testing could lead to claims of discrimination.
Finally, employers should not ask employees about their legal prescription drug use in connection with any type of drug-testing process. Some state courts have ruled that requesting information of this kind constitutes a form of discrimination and violates the ADA.
While challenges to drug testing or drug-free workplace policies under Title VII of the Civil Rights Act are rare, employers should make sure that their programs treat all workers equally. As noted above, employers want to avoid singling out employees of any particular age, race, ethnicity, or gender for testing or disciplinary action so as to avoid violating Title VII of the federal Civil Rights Act.
Again, a person would want to review their employer’s own policies, if the employer has them, to see if it allows exceptions. And it is important to keep in mind that an employer’s policies may provide that if a person takes and fails a mandatory drug test, the employer would not fire the person but would refer them to treatment or counseling.
Do I Need an Attorney if I Refuse to Take a Drug Test?
If you have refused a drug test at work, you want to speak with an Arizona discrimination lawyer right away. LegalMatch.com can quickly connect you to an experienced lawyer who can analyze the facts of your case and inform you about your rights. It might save your job, so you want to contact a lawyer as soon as possible so that they may start working to resolve your situation with your employer.
