What Is the Legal Way to Drug Test Prospective Employees?

* From Date: Friday, February 9 2007

The Americans with Disabilities Act (ADA) makes it illegal for any employer to test a prospective employee without first making a conditional offer of employment. The ADA also says you can't discriminate against prospective employees on the basis of past drug-related problems.

Then again,

you may refuse to hire candidates if you have reason to believe they will return to substance abuse or endanger the safety and health of your workers.

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