Can my employer legally require me to take a drug test?

Yes. Federal, state and private employees are all subject to drug testing.

Many federal employees, such as those who handle classified information, those who work in national security, law enforcement officers, employees with duties to protect property, life, health and safety, and even the President are subject to drug testing Executive Order 12,564 (5 U.S.C. Â%26sect;7301). The Supreme Court has ruled that while drug testing does infringe on an employee's privacy, it can be necessary in order to protect the health and safety of others Skinner v. Railway Labor Executives' Assn., 489 U.S. 602 (1989).

Most state laws are similar to federal laws and usually have upheld the legality of drug testing of state employees. Certain states, such as California, have said that while it is legal to give drug tests to any incoming employees, there must be cause to test current employees.

Many private employers require that their employees undergo drug testing. State and local law vary in the way that they protect private employees' privacy, but private employers may often test employees for health and safety reasons, as well as to increase productivity at the workplace, and to prevent illegal activities in the work place that derive from drug-related activity