Has your employer or prospective employer in New Hampshire asked you to take a drug test? Federal law places few limits on employer drug testing: Although the federal government requires testing by employers in a few safety-sensitive industries (including transportation, aviation, and contractors with NASA and the Department of Defense), federal law doesn’t otherwise require – or prohibit drug tests. For the most part, state and local laws determine whether an employer may test employees and applicants for drugs.
Although many states have passed laws regulating or restricting an employer’s right to require drug testing, New Hampshire is not one of them. New Hampshire has no law addressing whether and under what circumstances a private employer can require an employee to take a drug test. This means that drug testing is not prohibited or restricted, unless it violates other legal provisions (such as a law prohibiting discrimination; see below). However, an employer that requires drug testing must pay the cost of the tests.
Because New Hampshire law doesn’t put any limits on workplace drug testing, employees who believe their tesst were illegal will have to rely on other legal theories. For example, an employer may run into legal trouble based on who is tested or how the test is conducted. Here are some examples: