The recreational use of marijuana is legal for adults in Illinois. However, Illinois law allows employers to adopt reasonable zero-tolerance or drug-free workplace policies. Employers may then conduct drug testing of their employees based on their policies. Both employees who are “on call” and those who are present in the workplace may be tested for drugs. Negative consequences may be imposed on an employee who fails a drug test.
The Illinois Right to Privacy in the Workplace Act does protect employees from being fired for using cannabis and other legal products during hours when they are not working and not on call. This law also makes it unlawful to refuse to hire job applicants who use legal marijuana or cannabis products.
On the other hand, Illinois’s Drug-Free Workplace Act requires employers with at least 25 employees who want to receive state grants or state contracts worth $5,000 or more to certify that they can promise drug-free workplaces.
So, with certain limitations employers in Illinois may test both job applicants and employees for drug use and failing a drug test at work may bring negative consequences, up to and including firing. A local attorney in Illinois would be able to provide more information.
What Are the Rules for Testing Current Employees?
In Illinois, employers are allowed to test employees for a range of controlled substances as follows:
- Cocaine;
- Methamphetamine;
- PCP,
- Peyote;
- Heroin;
- Morphine;
- Fentanyl, other similar opiates, and opioid derivatives;
- Cannabis.
Employees may engage in random testing performed without prior notice, but random testing may be done on employees who are present in the workplace or on call.
- Reasonable Suspicion/Impairment Tests: These are conducted when the employer reasonably suspects that an employee is under the influence of cannabis at the workplace or reasonably believes that their performance is being impaired by marijuana use;
- Tests When an Employee Completes Rehabilitation: Employees who have finished a drug rehabilitation program are subject to testing. Usually, the employee is not given notice before the testing is done;
- Testing after Workplace Accidents: These are conducted after accidents in the workplace that cause bodily injury or property damage.
A drug test is a chemical analysis of a biological specimen, commonly a person’s blood, breath, urine, or hair. The test is used to detect evidence of the presence or absence of specified drugs in a person’s body. Employers usually require employees to provide urine samples for testing in Illinois.
Also, pre-employment testing may be done as a condition of employment. An employee may be fired if they test positive at work for drugs.
Can I Refuse a Drug Test at Work?
As noted above, employee drug testing laws in Illinois allow employers to conduct drug testing in a variety of circumstances as long as the employer doing the testing has notified employees of their policies and conduct their testing in compliance with their policy.
Otherwise, Illinois law allows employers to engage in random drug testing and any other testing that is allowed by the employer’s policy. Employers are free to implement zero-tolerance policies for on-duty use of drugs, and they may punish employees who violate their policies.
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 has a right to refuse a drug test, the employer has the right to refuse them a job 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 drug-testing policy. 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?
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.
However, legally, an employer may subject a person who refuses drug testing to disciplinary action. Disciplinary action may include termination of the person’s employment. Contact an employment law attorney if you have any questions about these rules, especially regarding government employee drug testing laws.
Are There Any Exceptions?
As noted above, in Illinois, because the recreational use of marijuana by adults is legal, employees may not be fired for using cannabis and other legal products during hours when they are not working and not on call. This law also makes it unlawful to refuse to hire job applicants who use legal marijuana or cannabis products.
There are a few other limited exceptions to the rules that allow employers to engage in drug testing. A person may have a legitimate medical condition that prevents them from taking a urine test. So, if a person were able to provide a doctor’s note that excuses the person from urine testing, they might escape it without negative consequences.
The federal Americans with Disabilities Act (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 might lead to claims of discrimination.
Finally, employers should not ask employees about their legal prescription drug use in connection with any pre-hiring or pre-promotion drug-testing process. Some state courts have ruled that requesting information of this kind constitutes a form of discrimination and violates the ADA.
Challenges to drug testing or drug-free workplace policies under Title VII of the Civil Rights Act are rare. However, employers should make sure that their programs treat all workers equally. Employers want to avoid singling out employees of any particular 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 are concerned about your employer’s drug-testing policy, you want to consult an Illinois discrimination lawyer. LegalMatch.com can connect you to an experienced lawyer who can review your employer’s policy and tell you what your rights are. Employment law matters can be complex, but a lawyer can provide you with the representation and guidance needed for your case.
