Drug testing - Illinois

Marijuana testing
Employers may adopt a zero-tolerance and drug-free workplace policy. The policy may include reasonable and nondiscriminatory testing for marijuana. The policy may apply to conduct outside of the workplace, and an employer is allowed to discipline an employee for a positive marijuana test.

Illinois Human Rights Act
The Illinois Human Rights Act covers drug testing for employers of 15 or more employees. It allows for drug testing during and after rehabilitation. It holds an employee to the same standards as other employees regardless of illegal drug use or alcoholism, even if drug use or alcoholism is a factor in poor performance.  The Act neither encourages nor prohibits other types of drug testing for applicants and employees.

Illinois Drug-Free Workplace Act
Illinois law mirrors the federal Drug-Free Workplace Act for state contractors and grantees.

Unemployment insurance
Workers will be disqualified for consuming alcohol or illegal drugs, non-prescribed prescription drugs, or using an impairing substance in an off-label manner on the employer’s premises during working hours in violation of the employer’s policies, or showing up to work impaired during normal working hours.

Workers’ compensation

The Illinois Workers’ Compensation Commission rules allow for employee drug testing to determine alcohol concentration and the presence of drugs or intoxicating compounds. Procedures for collection and testing need to be followed.