Right to Refuse Drug Test

Can my employer force me to submit to a drug test?

 

Not without reasonable suspicion.  In Connecticut, no employer may force an employee to take a urinalysis drug test unless the employer has “reasonable suspicion that the employee is under the influence of drugs or alcohol which adversely affects or could adversely affect such employee’s job performance.”  C.G.S. Section 31-51x.  The exceptions to this rule are where the test is authorized under federal law or where the employee works in a high risk job or safety-sensitive job.  The rules and regulations applying this statute are complex, but the general idea is that your employer may not force you to take a drug test without reasonable suspicion that you are working under the influence. 

 Prospective employees are also protected, but not as much.  Employers need only tell applicants at the time of the application for employment that a drug test is required. 

 Any employee damaged by a violation of these rules can bring a lawsuit in court for damages, including economic and non-economic damages and attorneys fees.   

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