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Daniel Solutions, Lawyer (JD)
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Is random drug testing legal for private companies in Illinois

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Is random drug testing legal for private companies in Illinois? The company asking is a bar/restaurant and would want to test wait staff, etc.
1. Is a policy required?
2. Must employees sign the policy?
3. What are the legal requirements for testing?

An employer has the right to require random drug testing so long as the following is done:

1) Testing is applied equally to all employees not based upon age, race, sex, religion or disability as set by the American's with Disability Act

2) The employee was informed of the testing policy either prior to employment or if policy was created after employment, then notice provided prior to the start of the next work cycle/pay period.

3) The employee is notified as to the results if a negative action will be taken against the employee.

Customer: replied 5 years ago.

1. Does the employee have to sign the policy, at the time of employement, agreeing to the random drug testing?

2. I understand that the testing must be applied equally, as it pertains to protected classes - can we test just one group of employees? We would want, as an example to test wait staff.

3. Does IL have a drug testing law or does IL use the Federal law?

Customer: replied 5 years ago.
No more information - just wanted to be sure my reply was received.

Sorry for the delay. I just received notice of your follow up questions.

No the employee does not have to sign the policy but the employer can terminate the employee at the close of that work cycle/period if it is a requirement for all employee to be tested.

You can not test just one group of people unless you can legally connect the testing say for example you manage a trucking company. You can test all truck drivers but not say the accountant. However, to prevent possible litigation it's best to just test everyone.

 

Below are webpage links to Illinois Drug Testing Laws:

 

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=551&ChapAct=30%20ILCS%20580/&ChapterID=7&ChapterName=FINANCE&ActName=Drug%20Free%20Workplace%20Act

 

 

http://www.dol.gov/asp/programs/drugs/said/StateLawList.asp

 

 

 

Customer: replied 5 years ago.

Thanks. This is helpful. We are able to terminate for a failed drug test? There is no requirement for retesting or providing counseling?

 

I did find both of those links - the first one seems to apply primarily to contractors and the second one provides no information regarding drug testing beyond payment and fraud.

Unless you have a contract with the employee stating differently, you can terminate for any reason so long as the reason is not based upon age, race, sex, religion or disability as set in the Americans with Disability Act.
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