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Experience:  Contracts, Wrongful termination and discrimination
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Is it legal in Colorado to test current employees for nicotine?

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Is it legal in Colorado to test current employees for nicotine? The current policy requires testing for employment.

Thank you for your question. In Colorado, it is illegal to take an adverse employment action, such as firing or demotion, etc, based on their legal off-work conduct (i.e., smoking). Thus, if the employer were to take an adverse employment action based on the nicotine test, then this would violate state law.

However, there is no law which strictly prohibits nicotine testing of current employees.

Please let me know if you need further information.

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