How Marijuana Legalization Could Affect Employers' Drug Testing Policies

As marijuana legalization looms on California’s horizon, employers are conflicted about their policies of drug testing.

If voters agree to legalize pot on November 8, business leaders and employment experts say employers can find themselves in trouble for asking an underling to pee into a cup. That common pre-work screening could violate an employee’s privacy regarding a medical condition. And, for potential employees, deciding whether to comply with drug testing often means a choice between refusing and not getting the job, or agreeing and being outed as a pot user.

What is an employer to do? And how can a job-seeker protect themselves? Is it better to test or not? Those are the questions that are plaguing some employment and legal experts who say that California businesses have some tough decisions to make about who to test, when to do it or if they should do it at all.

“The...

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