What to Know About Drug Testing in the Workplace in New York City

Many employees don’t realize how New York City’s drug testing laws affect their rights. While employers have the right to conduct drug tests under certain conditions, city and state laws restrict when and how these tests can be administered.

One of the most significant changes in recent years is New York City’s restriction on pre-employment marijuana testing. However, there are exceptions and drug testing remains legal in many workplace situations. 

Whether starting a new job, dealing with a random test, or facing disciplinary action due to a test result, it’s essential to understand your rights. This guide explains when employers can drug test, how marijuana laws impact employees, and how an employment lawyer can help if you believe a drug test is unfair or unlawful.

When Can Employers Conduct Drug Testing?

Employers in New York City can require drug testing, but only in specific situations. Drug tests must typically be justified by workplace safety concerns or company policies that comply with local and state laws.

Some common scenarios where drug testing may be allowed include:

• Pre-employment drug testing: Employers can screen new hires, but marijuana testing is largely prohibited (with some exceptions).
• Reasonable suspicion testing: If an employer believes an employee is impaired on the job, they may require testing. This usually happens when an employee shows signs of intoxication, such as slurred speech, erratic behavior, or the smell of drugs or alcohol.
• Post-accident testing: After a workplace accident, an employer may require a drug test to determine whether substance use contributed to the accident. This is common in industries where safety is a concern.
• Random drug testing: While generally discouraged, some employers conduct random testing for employees in safety-sensitive positions, such as those operating heavy machinery.

Union workers may have additional protections under collective bargaining agreements, which can set specific rules around drug testing procedures.

New York City’s Marijuana Drug Testing Ban

New York City passed a law in 2020 that prohibits most employers from testing job applicants for marijuana as a condition of employment. This was a major step in protecting workers, especially as marijuana became legal for recreational use in New York state.

However, there are exceptions. Employers can still require marijuana testing for certain jobs, including:

• Positions that require a commercial driver’s license.
• Jobs in law enforcement or public safety.
• Roles involving the supervision of children, medical patients, or vulnerable adults.

While pre-employment marijuana testing is primarily banned, employers still have the right to enforce workplace policies against marijuana use. If an employee is under the influence while working, disciplinary action may still be taken.

Employee Rights and Protections Against Unfair Drug Testing

New York labor laws provide workers with certain rights regarding drug testing. If an employer conducts a drug test, it must follow clear guidelines to ensure fairness.

For example, employees should receive proper notice for pre-employment testing. The testing process should also be applied consistently—employers cannot single out certain employees based on discrimination or retaliation. Additionally, test results must remain confidential and should not be shared with those who need to know.

Employees may have legal options if they believe they were targeted unfairly for a drug test. Some situations where a drug test might be considered unlawful include:

• Testing that appears discriminatory, such as targeting employees of a specific race, gender, or age group.
• Retaliation for filing a complaint, whistleblowing, or taking protected leave.
• Violation of a union contract or company policy.

Employees who feel their rights have been violated may be able to challenge a drug test result or even take legal action against their employer.

What to Do If You Face a Drug Testing Issue

If you’re subjected to a workplace drug test and believe it was unfair or unlawful, there are steps you can take to protect yourself.

• Review your employer’s drug testing policy to see if the test was conducted according to company guidelines.
• Ask questions if the reason for the test is unclear or if you feel singled out.
• Document the situation by taking notes on when and how the test was conducted and by listening to any conversations with your employer.
• Seek legal advice if the test was unfair, discriminatory, or led to wrongful termination.

Many employees assume they have no choice regarding drug testing, but the law provides necessary safeguards in New York City. Understanding your rights is the first step in protecting yourself from an unfair test result.

Just Say No To Drug Testing in the Workplace

Drug testing in the workplace is a complicated issue, especially with New York City’s evolving laws on marijuana and employee protections. While some forms of testing are legal, others may violate city regulations or employment laws. If you believe you’ve been subjected to an unfair drug test or wrongful termination, talk to an employment lawyer today.