Pursuant to NYC Administrative Code 8- 107, subd. 31, there are some exceptions when it comes to prohibitions on enquiring about a job applicant’s salary history and marijuana use. For instance, such submissions are mandatory when the testing is a condition of receiving a federal grant or contract, or when the application being made involves working in certain occupations that involve public safety or health.
So, what about the considerations and what the law says about drug testing of employees, which is another important legal issue that employers should be aware of when it comes to screening and recruitment?
New York Law on Conducting Drug Testing of Employees during Screening & Recruitment
As opposed to enquiring and asking about a job applicant’s salary, criminal, and marijuana use history, there are no statutory limitations on the right of an employer to carry out employee drug tests in New York. However, owing to the lack of such statutory limitations, it is crucial to be careful since an employee who succeeds in establishing the false perception of disability or even actual disability before a court may have a cause of action against an employer if such an employer takes action against them on the basis of the drug test results.
Under the New York State Human Rights Law (NYSHRL), employers are prohibited from discriminating against persons with disabilities, including abusers of drugs, who are able to carry out the essential functions of their jobs.
Additionally, individuals who may be erroneously believed to be abusers of drugs are also protected by the NYSHRL. However, it is also crucial to note that employers are not prohibited by the NYSHRL from terminating employees who are unable to carry out the duties of their jobs following the use of alcohol and/or drugs.
In Part XV of this series and our blog post titled “New York Law on Conducting Criminal Background Checks,” we will hammer on what the law says about conducting criminal background checks on job applicants, which is another key employment issue that significantly affects start-ups and growing businesses and companies in New York.
As usual, stay tuned for more legal guidance, training, and education.
In the interim, if there are any questions or comments, please let us know at the Contact Us page!
Always rising above the bar,
Isaac T.,
Legal Writer, Author, & Publisher.