Please also note that employment background check, drug screening, driving record and state release authorization forms are available in a PDF format file to our Automated Employment ScreeningClients.
All of these FCRA compliant release documents may be e-mailed to the applicants and easily completed online.
From Seay Management
New York City Bans Marijuana Testing Of Job Applicants Effective May 10, 2020 New York City has passed a regulation which will classify pre-employment testing for THC, the active ingredient in marijuana, as a discriminatory practice.
Although marijuana is still illegal under federal law, many states have legalized its use for medical and recreational purposes.
This recent action by NYC is the first of its kind in the United States with enforcement beginning May 10, 2020. Employers will be prohibited from testing job applicants for marijuana with some specific exceptions.
Exceptions Law enforcement officers Certain construction industry workers Commercial Licensed Drivers Positions pertaining to the care of children, medical patients and vulnerable persons defined by New York regulations. Positions which may be identified as having a significant impact on health or safety as identified by city administrative services. Testing required by federal contracts or grants. Testing under federal or state statutes Testing under collective bargaining agreements Testing requirements by U.S. Department of Transportation Employers with business operations in New York City should examine their policies and procedures to ensure compliance with the regulation by next year. We will continue to monitor the guidelines offered by all applicable enforcement agencies to comply with this new regulation.
Drug screening and Testing may be performed for pre-employment purposes for positions affecting public safety.
In New York State and New York City, a non-governmental employer lawfully may conduct random or suspicionless drug testing of its workers.
Further, in New York, a company in the private sector lawfully may fire employees who test positive for illegal drugs or who refuse to submit to a random drug test,
Providing that the company has a written policy, and has communicated that policy to all employees, and, that policy provides that the company may randomly test employees for drugs, and that refusal to submit to a random drug test may result in termination of employment, and that under certain circumstances an employee may be terminated for substance abuse.
Workers’ compensation: Compensation is altogether prohibited for employees whose injury is solely due to the worker being under the influence of non-prescribed depressant, stimulant, hallucinogenic or narcotic drugs.
Benefits may be reduced by ten percent if intoxication or the use of drugs is only a contributing factor to the injury or death.
The validation of a medical review officer is a requirement for a positive test result as part of the mandatory drug and alcohol testing program of a commercial motor carrier.
Employers may not discriminate by testing only certain groups of employees by race or gender for drug testing.
Nor, may they defame an employee by publicizing an employee’s positive test results.
ADA. An applicant who is taking medication for a disability is protected by the Americans With Disability act (ADA.)
Along with pre-employment drug screening, we also offer a complete menu of all other employment screening services from criminal records checks to instant state driving records. For a complete listing and description of the other pre-employment screening services we offer, please Click Here.