Employee Drug Testing Laws Illinois

October 05, 2021 Post a Comment

The testing must be focused on an individual either because the employer has a good reason to believe that person is using drugs or because the persons job carries a high risk of injury or damage if performed. Under the Illinois state Drug-Free Workplace Act 30 ILCS 5801 et seq employers with a state grant or contract of 5000 or more must take specific steps to prevent employees from engaging in the unlawful manufacture distribution dispensation possession or use of a controlled substance.

Covid 19 Complicates Companies Concerns About Workplace Drug Testing

In some states companies cannot conduct blanket drug tests of all employees or random drug tests.

Employee drug testing laws illinois. Employers are not obliged to permit the employee to intake marijuana while at work perform job duties or call at the workplace. However the states discrimination law explicitly states that it is not illegal for employers to require drug tests of employees who have been or are in a drug rehabilitation program. In Illinois more than 99 of employers who used the drug testing company Quest Diagnostics included marijuana in their employee drug testing from 2014 through 2018 according to Quest.

Employers are not prohibited from using polygraph testing during preemployment screening but may not ask about an applicants religious racial or political beliefs union activities or affiliations or sexual preferences. Whether or not an employer includes marijuana in drug tests is at the discretion of each employer. Illinois does not have a statute or regulation generally addressing drug testing of employees and applicants by private employers.

Because drug tests generally cannot detect current marijuana impairment employers will be prohibited by the Illinois Right to Privacy Act from taking adverse actions for positive marijuana drug test results in most situations except for reasonable suspicion and post-accident. Workplace Drug Testing Issues Illinois State Laws. In Illinois companies can still conduct reasonable drug and alcohol testing of both current and prospective employees.

An employers zero tolerance or drug free workplace policy can remain the. Employers in Illinois should consider both laws when drafting drug testing policies for their employees. See Ability and Honesty Testing.

First the Act explicitly permits employers to adopt reasonable zero tolerance or drug free workplace policies or employment policies concerning drug testing smoking consumption storage or use of cannabis in the workplace so long as the policy is applied in a nondiscriminatory manner. Illinois employers are barred from using a voice stress analyzer during preemployment job screenings. Specifically the Cannabis Act as amended permits policies 1 requiring employees to refrain from using or being under the influence of cannabis at work 2 requiring employees to submit to a drug test if they exhibit behaviors consistent with being under the influence of marijuana and.

Supreme court cases that have been filed by the ACLU. Pre-employmentPost-offer drug testing for cannabis and alcohol may be problematic under Illinois law. Illinois requires employers on State public works projects to maintain a drug-free workplace.

Random testing should be limited to safety sensitive positions and also may find increased scrutiny if marijuana is tested. The Legalization Act specifically allows Illinois employers to enforce reasonable zero tolerance or drug free workplace policies or employment policies concerning drug testing smoking consumption storage or use of cannabis in the workplace or while on call provided that the policy is applied in a nondiscriminatory manner The Act also permits employers to prohibit employees from being under the influence of or using cannabis. Second the Act amends the Illinois Right to Privacy in the Workplace Act and prohibits employers from taking disciplinary action against employees.

Employee Drug Testing Under Recreational Marijuana Law PA 101-0363 This language added to the law during the fall veto session codifies several key issues for employers and protects from litigation actions taken by employers for random drug testing pre-employment testing and for failure of a. Specifically covered employers must publish a statement. Update on Illinois and Recreational Marijuana.

These categories do not affect DOT-regulated drug testing. There is nothing in the Cannabis Regulation and Tax Act that requires an employer to stop testing for marijuana. Hair tests will detect marijuana use for up to 90 days.

Illinois Employer Drug Testing Laws Illinois HB 1438 states specific laws that include Legalizes recreational marijuana brought into effect on January 1 2020 for people of age 21 and above. There are currently no restrictions under the law that limit an employers ability to drug test for Marijuana. However Illinois law requires that employers working under a public works contract have a written program in place for drug testing employees.

Illinois drug testing laws. Our work with law and policy makers to ensure necessary statutes exist to. Government employers should always call for potential additional restrictions on employee drug testing.

Can You Be Fired for Testing Positive for Marijuana Once Recreational Use is Legal in Illinois. Though state law allows companies to reject applicants and discipline employees based on a positive test companies may still face legal challenges. Additionally employers in all 50 states do not have to accommodate any employee who is working under the influence or using marijuana while on-duty.

On-going and past court cases that have been filed by the ACLU. Even though Illinois law doesnt expressly prohibit drug testing an employer may run into legal trouble based on the way it conducts the test or who it decides to test. Employers should partner with credible and reliable third parties before implementing any drug testing process.

There are some legal constraints on testing employees for drug usage in most private employment jobs. See Drug and Alcohol Testing. In addition the Illinois Human Rights Act which makes it unlawful for employers in Illinois to discriminate based on disability addresses permissible drug testing.

Maintaining A Drug Free Workplace After Illinois Legalized Marijuana Mckenna Storer