May an employer use drug testing to make hiring decisions?:

Solution: No. Janel’s plan is not a good practice, and may even be illegal. Janel should always notify job applicants that her company is a drug-free workplace and has mandatory drug testing. She could put this information somewhere in the job postings. She should not ask all three job candidates to submit to drug testing, but rather she should offer the job to the most qualified candidate. After offering that person the job, she should provide the candidate with a copy of her company’s drug-free policy to read and sign. If the person to whom the job offer was made refuses to sign the copy, she has no legal grounds to request a pre-employment drug test, but she can withdraw her job offer and move on to one of the other candidates.